UC-NRLF 


APR     1 


REVISION  OF  1919. 


STATE  OF  MICHIGAN 


GENERAL  SCHOOL  LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED  UNDER  THE  BUPEBVISIO*    OF 

COLEMAN    C.    VAUGHAN, 

SECRETARY  OF  STATE 


BY  AUTHORITY 


fORT    VATNC   PRINTIN*   COMPANY 

CONDUCTORS   FOR    MICHI««N    STATt    fBINTINO    AN*    tlNPIHC 

FORT    WATMt.    INDIAN* 

1111 


EXCHANGE 


REVISION  OF  1919. 


STATE  OF  MICHIGAN 


GENERAL  SCHOOL  LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED  UNDER  THE   SUPERVISION   OF 

COLEMAN    C.    VAUGHAN, 

SECRETARY   OF   STATE 


BY  AUTHORITY 


FORT    WA     NE    PRINTING    C     MPANY 

CONTRACTORS    FOR    MICHI     AN    STATE    PRINTING       ND    BINDING 

FORT    WAYNI.    INDIANA 

1111 


KKCHANGe 


MEMBERS  OF  THE  STATE  BOARD  OF  EDUCATION. 

Term  expires 
Thomas  E.  Johnson.  Superintendent  of  Public  Instruction,  Secretary ...  June  30, 1921 

Frederick  Albert  Jeffers,  Painesdale '. June  30, 1921 

Allen  M.  Freeland,  Grand  Rapids June  30, 1923 

Frank   Cody,   Detroit June  30, 1925 

MEMBERS  OF  THE  BOARD  OF  REGENTS  OF  THE  UNIVERSITY. 

Thomas  E.  Johnson,  Superintendent  of  Public  Instruction,  ex-ofltcio. 

Victor  M.  Gore,  Benton  Harbor December  31, 1921 

Walter  I  Inline  Sawyer,  Hillsdnle December  31, 1923 

Junius  Emery  Beal,  Ann  Arbor December  31, 1923 

Frank    Bruce    I.elan.l.    Detroit December  31, 1923 

James  Orin  Murfin,  Detroit December  31, 1925 

William  Lawrence  Clements,  Bay  City December 31, 1925 

Benjamin  Sawtelle  Hanchett,  Grand  Rapids December 31, 1927 

Lucius  Lee  Hubbard,  Houghton December  31, 1927 

MEMBERS  OF  THE  STATE  BOARD  OF  AGRICULTURE. 

Thomas  E.  Johnson,  Superintendent  of  Public  Instruction,  ex-officio. 

I.  Hoy  Waterbury,  Highland December  31, 1921 

William  II.  Wallace.  Saginaw December 31, 1921 

John  W.  Beaumont,  Detroit December  31, 1923 

Jason   Woodman.   Paw   Paw December  31, 1923 

Dora  Hall  Stockman,  Lansing December  31, 1925 

L.  Whitney  Watkins,  Manchester December  31, 1925 


438252 


CONTENTS. 


CONSTITUTIONAL    PROVISIONS. 

Sections. 

Article  X. — Finance   and   taxation 1-2 

Article  XI.— Education   3-17 

STATUTORY  PROVISIONS. 

Election  of  state  board  of  education 18 

Election  of  superintendent  of  public  instruction 18 

Primary  school  system — 

Superintendent  of  public  instruction 19-25 

Formation,  alteration,  meetings  and  powers  of  districts 26-45 

District  boards  and  officers 46-71 

Township  officers    72-86 

County   clerk  and  treasurer 87-89 

Bonded  indebtedness  of  districts 90-93 

Per  capita  tax  authorized,  certain  districts 94 

Suits  and  judgments  against  districts 95-101 

Sites   for   schoolhouses    102-116 

Appeals  from  action  of  township  board 117-119 

Graded  school  districts 120-125 

Libraries 126-138 

Penalties  and  liabilities 139-146 

Free  public  libraries 147-159 

County  libraries 160-163 

Boards  of  education  for  certain  cities 164-189 

I  >i  vision  of,  or  changing  of  boundaries  of  primary  school  districts. .  190-191 

Consolidation  of  districts  in  annexed  territory 192-197 

Consolidation  of  districts  in  incorporated  city 198-206 

Division  of  city  school  districts  into  election  precincts 207-228 

Miscellaneous  provisions  relative  to  education  in  the  schools — 

Free  text-books    229-234 

Regulating  sale,  etc.,  of  text-books 235-246 

System  of  humane  education 247-249 

Kindergarten  method  250-253 

Qualifications  of  kindergarten,  music  and  drawing  teachers 254-256 

Teaching  of  dangerous  communicable  diseases 257-258 

Optional  course  of  military  training  in  high  schools 259-260 

Fire   drills    in   public   schools 261 

Publication  of  the  proceedings  of  annual  school  meetings 262-263 

Purchase  and  display  of  United  States  flag 264 

Designating  days  to  be  observed  as  holidays  in  the  public  schools. .  265-266 

Observance  of  Carleton  day  in  public  schools 267 

Returns  from  incorporated  institutions 268 

State  teachers'  certificates 269-275 

(Jranted  only  to  citizens  of  Tnitcd  States 276 

<  'ounty  commissioners  and  school  examiners 277-288 

Examination  of  candidates  for  admission  to  agricultural  college 289-290 

Meeting  of  school  officers  of  county 291-293 

Township  school  districts 294-319 

Township  school  districts  in  upper  peninsula 320-335 

Boundaries  of  school  districts  in  cities 336-339 

Classification  of  certain  school  districts . .                      340-366 


CONTENTS. 


Section^ 

Powers  of  board  of  education  in  certain  districts. .' 367-38  j. 

Teachers'   institutes    382-389 

Bureau  of  information  in  office  of  superintendent  of  public  instruction . .  390-391 

Compulsory  education    392-397 

Compulsory  education  of  deaf  children 398-400 

Compulsory  education  of  blind  children 401-402 

Instruction,  etc.,  of  adult  blind  persons 403-406 

Care  and  instruction  of  blind  babies 407-411 

Miscellaneous  offenses — Crime  and  truancy — Delinquency  of  children ....  412-415 

Protection  of  children , 416 

Employment  of  children 417 

Fraternities,  sororities,  etc.,  among  public  school  pupils,  abolished 418-420 

Teachers'  associations    421-423 

Retirement  fund  for  teachers 424-437 

State  accounts — Safe  keeping  of  public  moneys 438-445 

Receipts  from  boxing,  etc.,  contests 446 

State  board  of  education 447-464 

State  normal  schools 465-474 

Physical  training  in  public  schools 475-479 

Providing  for  physical  training  in  state  normal  schools  and  certain  city 

districts    480 

Providing  advanced  courses  of  study  to  high  school  graduates  in  certain 

districts 481 

Granting  of  diplomas  by  state  board   of  education   in   connection   with 

state  normal  schools    482 

Loan  funds  for  students 483r489 

State  library  commission 490-492 

Publication  and  distribution  of  laws  and  public  documents 493-497 

Rural  high  schools 498-505 

Annual  reports  by  librarians 506-507 

Payment  of  tuition  of  eighth  grade  pupils 508-511 

Payment  of  tuition  outside  of  district 512 

Children  of  indigent  parents,  attendance  at  school  provided  for 513-516 

County  normal  training  classes 517-523 

School  districts  empowered  to  establish  trade,  etc.,  schools  and  accept 

gifts,  etc 524-525 

Control,  etc.,  of  certain  college  of  medicine  and  surgery 526-532 

Certain  proceedings  validated 533 

Acquisition  of  lands  outside  district   limits   for   trade   schools,   athletic 

fields,  etc 534 

County  schools  of  agriculture,  manual  training,  etc 535-544 

Rural   agricultural   schools,   establishment 545-564 

Promoting  agricultural  interests  of  the  state - 565 

Legislative  assent  to  grant  of  moneys  from  U.  S 566-577 

Vocational,  etc.,  education  for  certain  minors 578-580 

Day  schools  for  the  deaf 581-586 

Payment    of    sub-contractors 587-590 

Cities  of  the  fourth  class — School  districts,  and  board  of  education 591-596 

Sale  of  tax  homestead  lands  for  school  sites 597 

Approval  of  plans  for  school  buildings 598-602 

School  bonds  603-615 

Voting,  etc.,  school  taxes  in  certain  cities 616-622 

Fire  protection  in  the  schools , 623 

Establishment,  etc.,  of  highway  to  school  building 624 

Instruction  and  training  of  juvenile  delinquents 625-626 

Authorizing  operation  of  public  recreation  and  playgrounds 627-630 

Authorizing  use  of  schoolhouses  as  community  or  recreation  centers 631 

Appendix — Forms  for  proceedings  under  the  school  laws. 

NOTE. — The  section  numbers  in  parentheses  (  ),  are  compilers'  sections,  and  are  con- 
secutive throughout  this  compilation.  Section  numbers  of  the  compiled  laws  of  1915  precede 
each  section,  and  are  indicated  by  the  section  mark  (§).  Notes  following  the  sections  indi- 
cate the  amendments,  supreme  court  decisions,  etc.  Annotated  with  supreme  court  decisions 
to  and  including  the  201st  Mich,  report.  The  character  /  is  used  in  citing  cases,  to  avoid  the 
repetition  of  Mich. 


GENERAL 

SCHOOL  LAWS  OF  MICHIGAN 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  X. 

FINANVK    AND  TAXATION. 

(1)  SECTION  1.  All  subjects  of  taxation  now  contributing  to  the 
primary  school  interest  fund  under  present  laws  shall  continue  to  con- 
tribute, to  that  fund,  and  all  taxes  from  such  subjects  shall  be  first 
applied  in  paying  the  interest  upon  the  primary  school,  university  and 
other  educational  funds  in  the  order  herein  named,  after  which  the  sur- 
plus of  such  moneys  shall  be  added  to  and  become  a  part  of  the  primary 
school  interest  fund. 

The  statute  is  not  unconstitutional  because  it  provides  that  the  funds  secured  by  the  specific 
tax  shall  be  devoted  to  upbuilding  the  state  highways  in  that  it  infringes  the  provisions  of  sec- 
tion 1.  Art.  X,  of  the  constitution,  limiting  the  sources  of  contributions  to  the  primary 
school  fund  to  that  purpose  alone. — .Fasnowski  v.  Board  of  Assessors,  191/288. 

'-)  SEC.  2.  The  legislature  shall  provide  by  law  for  an  annual  tax 
sullicieiit  witli  other  resources  to  pay  the  estimated  expenses  of  the 
stat»'  government,  the  interest  on  any  state  debt  and  such  deficiency  as 
may  occur  in  the  resources. 

I'nder  the  sections  of  the  constitution  providing  for  uniformity  of  taxation  and  conferring 
power    on    the    legislature    to    levy    a    state    tax.    etc..    on    cash    valuation    of   property    (Art.    10, 
§  f  2,  :{,  7).  the  state  may  authorise  the   review  of  valuations  and  assessments  by  the  board 
ic^tax    commissioners.      Attorney    (lenoral    v.    Board    of    Supervisors   of   Midland    county, 

1  7  v      .  1 1 .''. 


ARTICLE  XI. 
EDUCATION. 

(3)      SIVTIOX    1.     Religion,  morality  and  knowledge  being  necessary  to 
government  and  the  happiness  of  mankind,  schools  and  the  means 
of  education  shall  forever  he  encouraged. 

It    was  the  intent    of  the  constitution   to   separate   the  school  organization  from   the  general 
municipal    government.       Though    municipal    corporations,    orirani/.ed    for    the    same    purposes, 
with    like   powers   and    duties,    cannot    exist    in    the   same   territory,    those  having  different   pur- 
rights    and    duties,    may.    and    often    do,    occupy    the    same    territory. — Attorney    General 
inpx.ii.   1»;^      f.ll.     The  laiiKiia.u'i-  of  this  section  is  from   tl rdinance  of  1787.     The  re- 
assertion  of  this  doctrine  after  the  lapse  of  more  than   a  century  and  a  quarter,  coupled  with 
the  fact   that   legislation   in  this  state  upon   the   subject  of  education  has  from  the  beginning 

I n   of  the  most    liberal   character,   indicates  a  settled   purpose  on    the  part  of  the   state  to 

provide,  foster  and  protect  educational  facilities  for  all. — Dennis  v.  Wrigley,  175  /  621,  625. 


8  STATE  OF  MICHIGAN. 


(4)  SEC.  2.     A  superintendent  of  public  instruction  shall  be  elected 
at  the  regular  election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  nine,  and  every  second  year  thereafter.     He  shall  hold  office 
for  a  period  of  two  years  from  the  first  day  of  July  following  his  election 
and  until  his  successor  is  elected  and  qualified.    He  shall  have  general 
supervision  of  public  instruction  in  the  state.     He  shall  be  a  member 
and  secretary  of  the  state  board  of  education.    He  shall  be  ex-officio  a 
member  of  all  other  boards  having  control  of  public  instruction  in  any 
state  institution,  with  the  right  to  speak  but  not  to  vote.    His  duties 
and  compensation  shall  be  prescribed  by  law. 

(5)  SEC.  3.     There  shall  be  a  board  of  regents  of  the  university,  con- 
sisting of  eight  members,  who  shall  hold  the  office  for  eight  years.  There 
shall  be  elected  at  each  regular  biennial  spring  election  two  members  of 
such  board.    When  a  vacancy  shall  occur  in  the  office  of  regent  it  shall  be 
filled  by  appointment  of  the  governor. 

(6)  SEC.  4.     The  regents  of  the  university  and  their  successors  in 
office  shall  continue  to  constitute  the  body  corporate  known  as  "The 
Regents  of  the  University  of  Michigan." 

(7)  SEC.  5.     The  regents  of  the  university  shall,  as  often  as  necessary, 
elect  a  president  of  the  university.    The  president  of  the  university  and 
the  superintendent  of  public  instruction  shall  be  ex-officio  members  of 
the  board  of  regents,  with  the  privilege  of  speaking  but  not  of  voting. 
The  president  shall  preside  at  the  meetings  of  the  board  and  be  the  prin- 
cipal executive  officer  of  the  university.     The  board  of  regents  shall  have 
the  general  supervision  of  the  university  and  the  direction  and  control  of 
all  expenditures  from  the  university  funds. 

Under  this  provision  the  board  of  regents  has  independent  control  of  the  affairs  of  the 
university. — Regents  v.  Auditor  General,  167  /  444. '  Neither  the  legislature,  nor  any  officer  or 
board  of  this  state,  may  interfere  with  the  control  and  management  of  the  affairs  and 
property  of  the  university,  although  in  making  appropriations  for  its  support  the  legislature 
may  attach  any  conditions  it  may  deem  expedient  and  wise,  and  the  appropriation  cannot  be 
received  without  complying  with  the  conditions. — Agler  v.  Mich.  Agricultural  College, 
181/559. 

(8)  SEC.  6.     The  state  board  of  education  shall  consist  of  four  mem- 
bers.   On  the  first  Monday  in  April,  nineteen  hundred  nine,  and  at  each 
succeeding  biennial  spring  election,  there  shall  be  elected  one  member 
of  such  board  who  shall  hold  his  office  for  six  years  from  the -first  day 
of  July  following  his  election.    The  state  board  of  education  shall  have 
general  supervision  of  the  state  normal  college  and  the  state  normal 
schools,  and  the  duties  of  said  board  shall  be  prescribed  by  law. 

(9)  SEC.  7.    There  shall  be  elected  on  the  first  Monday  in  April,  nine- 
teen hundred  nine,  a  state  board  of  agriculture  to  consist  of  six  mem- 
bers, two  of  whom  shall  hold  the  office  for  two  years,  two  for  four  years 
and  two  for  six  years.    At  every  regular  biennial  spring  election  there- 
after, there  shall  be  elected  two  members  whose  term  of  office  shall  be 
six  years.    The  members  thus  elected  and  their  successors  in  office  shall 
be  a  body  corporate  to  be  known  as  "The  State  Board  of  Agriculture." 

(10)  SEC.  8.     The  state  board  of  agriculture  shall,  as  often  as  neces- 
sary, elect  a  president  of  the  agricultural  college,  who  shall  be  ex-officio 
a  member  of  the  board  with  the  privilege  of  speaking  but  not  of  voting. 
He  shall  preside  at  the  meetings  of  the  board  and  be  the  principal  execu- 
tive officer  of  the  college.    The  board  shall  have  the  general  supervision  of 


GENERAL  SCHOOL  LAWS. 


9 


I 
I 


the  college,  and  the  direction  and  control  of  all  agricultural  college  funds ; 
and  shall  perform  such  other  duties  as  may  be  prescribed  by  law. 

The  state  board  of  agriculture  hns  exclusive  control  of  the  general  funds  of  the  Michigan 
agricultural  college*. — Bauer  v.  State  Board  of  Agriculture,  164  /  415. 

The  constitutional  powers  of  the  state  board  of  agriculture  with  respect  to  the  college  and 
its  funds  are  the  same  as  those  of  the  board  of  regents  of  the  university  with  respect  to  the 
university  and  its  funds. — State  Board  of  Agriculture  v.  Auditor  General,  180  /  349,  359  ;  Agler 
v.  Mich.  Agricultural  College,  181  /  559,  561.  See  note  to  section  7. 

(11)  SEC.  9.     The  legislature  shall  continue  a  system   of  primary 
schools,  whereby  every  school  district  in  the  state  shall  provide  for  the 
education  of  its  pupils  without  charge  for  tuition ;  and  all  instruction  in 
such  schools  shall  be  conducted  in  the  English  language.    If  any  school 
district  shall  neglect  to  maintain  a  school  within  its  borders  as  pre- 
scribed by  law  for  at  least  five  months  in  each  year,  or  to  provide  for 
the  education  of  its  pupils  in  another  district  or  districts  for  an  equal 
period,  it  shall  be  deprived  for  the  ensuing  year  of  its  proportion  of  the 
primary  school  interest  fund.    If  any  school  district  shall,  on  the  second 
Monday  in  July  of  any  year,  have  on  hand  a  sufficient  amount  of  money 
in  the  primary  school  interest  fund  to  pay  its  teachers  for  the  next  ensu- 
ing two  years  as  determined  from  the  pay  roll  of  said  district  for  the 
last  school  year,  and  in  case  of  a  primary  district,  all  tuition  for  the 
next  ensuing  two  years,  based  upon  the  then  enrollment  in  the  seventh 
and  eighth  grades  in  said  school  district,  the  children  in  said  district 
shall  not  be  counted  in  making  the  next  apportionment  of  primary  school 
money  by  the  superintendent  of  public  instruction;  nor  shall  such  chil- 
dren be  counted  in  making  such  apportionment  until  the  amount  of 
money  in  the  primary  school  interest  fund  in  said  district  shall  be  insuf- 
ficient to  pay  teachers'  wages  or  tuition  as  herein  set  forth  for  the  next 
ensuing  two  years. 

As  proposed  by  concurrent  resolution  No.  1,  Public  Acts  of  1911,  pages  537-8 ;  ratified 
April  3,  1911. 

(12)  SEC.  10.     The  legislature  shall  maintain  the  university,  the  col- 
lege of  mines,  the  state  agricultural  college,  the  state  normal  college 
and  such  state  normal  schools  and  other  educational  institutions  as  may 
be  established  by  law. 

(13)  SEC.  11.  The  proceeds  from  the  sales  of  all  lands  that  have 
been  or  hereafter  may  be  granted  by  the  United  States  to  the  state  for 
educational  purposes  and  the  proceeds  of  all  lands  or  other  property 
^ivcTi  by  individuals  or  appropriated  by  the  state  for  like  purposes  shall 
be  and  remain  a  perpetual  fund,  the  interest  and  income  of  which, 
together  with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall  be 
inviolably  appropriated  and  annually  applied  to  the  specific  objects  of  the 
original  gift,  grant  or  appropriation. 

(14)  SEC.  12.     All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  state,  and  the  interest  on  the  clear  pro- 
ceeds from  the  sales  thereof  shall  be  appropriated  exclusively  to  the  sup- 
port of  the  primary  schools. 

(15)  SEC.  13.     The  legislature  shall  appropriate  all  salt  spring  lands 
now  unappropriated,  or  the  money  arising  from  the  sale  of  the  same, 
where  such  lands  have  already  been  sold,  and  any  funds  or  lands  which 


10  STATE   OF   MICHIGAN. 

may  hereafter  be  granted  or  appropriated  for  such  purpose,  for  the  sup- 
port and  maintenance  of  the  agricultural  college. 

(16)  SEC.  14.     The  legislature  shall  provide  by  law  for  the  establish- 
ment of  at  least  one  library  in  each  township  and  city;  and  all  fines 
assessed  and  collected  in  the  several  counties,  cities  and  townships  for 
any  breach  of  the  penal  laws  shall  be  exclusively  applied  to  the  support  of 
such  libraries. 

(17)  SEC.  15.     Institutions  for  the  benefit  of  those  inhabitants  wht, 
are  deaf,  dumb,  blind,  feeble-minded  or  insane  shall  always  be  fostered 
and  supported. 


GENERAL  SCHOOL  LAWS. 


11 


STATUTORY  PROVISIONS. 
ELECTIONS. 

[Extract  from  Chap.  II  of  Act  203,  P.  A.  1917.] 

(18)     SEC.  8.     At  each  biennial  spring  election  there  shall 

elected  the  following  officers: 

(1)  Two  justices  of  the  supreme  court,  each  for  the  full 
term  of  eight  years,  beginning  on  the  first  day  of  January 
next  following  his  election ; 

( i* )  Two  regents  of  the  university,  each  for  the  term  of 
eight  years,  beginning  on  the  first  day  of  January  next  fol- 
lowing his  election; 

( :>  i  A  superintendent  of  public  instruction  for  the  term 
of  two  years,  beginning  on  the  first  day  of  July  next  follow- 
ing his  election ; 

(4)  A  member  of  the  state  board  of  education  for  the 
term  of  six  years,  beginning  on  the  first  day  of  July  next  fol- 
lowing his  election; 

(5)  Two  members  of  the  state  board  of  agriculture,  each 
for  the  term  of  six  years,  beginning  on  the  first  day  of  Janu- 
ary next  following  his  election. 

Act  270  of  1913,  (§  462,  C.  L.  1915),  abolishing  the  office  of  commissioner 
of  the  state  land  office,  transfers  to  the  superintendent  of  public  instruction 
the  duties  of  that  officer  "on  the  board  of  state  auditors  and  all  other  boards, 
committees  or  commissions  of  which  the  commissioner  of  the  state  land  office 
la  by  virtue  of  his  office  a  member." 


pnbl 

• 


THE  PRIMARY  SCHOOL  SYSTEM. 

An  Act  to  revise  and  consolidate  the  laws  relating  to  public  instruc- 
tion and  primary  schools,  and  to  repeal  all  statutes  and  acts  con- 
Ira  vening  the  provisions  of  this  act. 

[Act  164,  P.  A.  1881.] 

The  People  of  the  State  of  Michigan  enact: 


CHAPTER  1. 

THK   SII'KRINTBNDENT  OF  PUBLIC  INSTRUCTION. 

il!»i  >;  r>i;ii.  SECTION  1.  The  superintendent  of  public 
instrnction  shall  1m  ve  general  supervision  of  general  instruc- 
timi  in  all  public  schools  and  in  all  state  institutions  that  are 
educational  in  their  character,  as  follows:  The  university, 
the  agricultural  college,  the  institution  for  the  deaf  and 
dumb,  en  the  school  for  the  blind,  (a)  the  state  industrial 
school  for  hoys,  the  state  industrial  home  for  girls,  the  state 
ic  school  for  dependent  and  neglected  children,  and  the 


Officers 
elected. 

Justices. 


Regents. 


Superintend- 
ent of  public 
instruction. 


State  board 
of    education. 


State  board 
of   agricul- 
ture. 


superintend- 
instruction 


ln  certain 

' 


(a)     Declared  to  be  public  schools  by  Act  148,  P.  A.  1917. 


12 


STATE   OF   MICHIGAN. 


Proviso,   In- 
struction   in 
English 
language. 


Residence 
of    superin- 
tendent. 


Duties. 


Visit   state 
institutions. 


Audit    of 
accounts,  etc. 


Statutory 
term  of 
school. 


Annual 
report. 


home  for  the  feeble-minded,  and  any  similar  institution  that 
may  hereafter  be  created:  Provided,  That  all  instruction 
from  the  first  .to  the  eighth  grade  inclusive  in  those  subjects 
required  for  an  eighth  grade  diploma,  in  all  the  schools  of 
this  state,  public,  private,  parochial,  or  in  connection  with 
any  state  institution  named  above,  shall  be  conducted  in  the 
English  language;  but  this  provision  shall  not  be  construed 
as  applying  to  the  high  school  course  of  any  school  district 
of  this  state  maintaining  a  legal  high  school  as  defined  in 
act  number  sixty-five  of  the  public  acts  of  nineteen  hundred 
nine,  as  amended,  nor  to  the  high  school  course  of  any  insti- 
tution or  corporation  which  maintains  the  same  grades  in  its 
high  school  as  are  maintained  in  the  legal  high  schools  of  this 
state;  nor  shall  this  provision  be  construed  as  prohibiting 
religious  instruction  in  private  or  parochial  schools  given  in 
any  language  in  addition  to  the  regular  course  of  study.  He 
shall  reside  at  the  seat  of  the  state  government  and  shall 
devote  his  entire  time  to  the  duties  of  his  office.  He  shall  be 
a  graduate  of  a  university,  college  or  state  normal  school  of 
good  standing,  and  shall  have  had  at  least  five  years'  experi- 
ence as  a  teacher  or  superintendent  of  schools.  His  duties 
shall  be  as  follows: 

(a)  To  visit  the  state  institutions  mentioned  above  and 
meet  with  the  governing  boards  thereof  from  time  to  time ; 

(b)  To  direct  the  supervision  of  county  normal  training 
classes  and  provide  general  rules  for  their  management  and 
control ; 

(c)  To  require  all  boards  of  education  to  observe  the  laws 
relating  to  schools,  and  he  shall  have  authority  to  compel  such 
observance  by  appropriate  legal  proceedings  instituted   in 
courts  of  competent  jurisdiction  by  direction  of  the  attorney 
general ; 

(d)  To    examine    and    audit    the    official    records    and 
accounts    of   any   school    district,    and    require   corrections 
thereof  when  necessary,  and  to  require  an  accounting  from 
the  treasurer  of  any  school  district  when  necessary; 

(e)  To  require  all  school  districts  to  maintain  school  or 
provide  educational  facilities  for  all  children  resident  in  such 
district  for  at  least  the  statutory  period ; 

(f)  To  prepare  annually,  and  transmit  to  the  governor, 
to  be  by  him  transmitted  to  the  legislature  at  each  biennial 
session  thereof,  a  report  containing  a  statement  of  the  gen- 
eral educational  conditions  of  the  state;  a  general  statement 
regarding  the  operation  of  the  several  state  educational  insti- 
tutions and  all  incorporated  institutions  of  learning;  to  pre- 
sent plans  for  the  improvement  of  the  general  educational 
system  if  in  his  judgment  it  is  deemed  necessary ;  the  report 
shall  also  contain  the  annual  reports  and  accompanying  docu- 
ments of  all  state  educational  institutions  so  far  as  the  same 
may  be  of  public  interest,  and  tabulated  statements  of  the 
annual  reports  of  the  several  school  officers  of  the  townships 


GENERAL  SCHOOL  LAWS. 


13 


ILL 

2 
S 


and  cities  of  the  state,  and  any  other  matter  relating  to  his 
office  which  he  may  deem  expedient  to  communicate  to  the 
legislature ; 

(g)     To  appoint  a  time  and  place  and  proper  instructors  Teachers' 
for  a  state  teachers'  institute  and  for  institutes  in  the  several 
counties  of  the  state,  and  make  such  rules  and  regulations  for 
their  management  as  he  may  deem  necessary; 

(h)  He  may  request  the  governor  to  remove  from  office  May  request 
any  county  commissioner  of  schools  or  member  of  the  board  certain1  °f 
of  school  examiners  when  he  shall  be  satisfied  from  sufficient  officers, 
evidence  submitted  to  him  that  said  officer  does  not  possess 
the  qualifications  required  by  law  entitling  him  to  hold  the 
office,  or  when  he  is  incompetent  to  execute  properly  the 
duties  of  the  office,  or  has  been  guilty  of  official  misconduct, 
or  of  wilful  neglect  of  duty,  or  of  drunkenness.  In  case  said 
superintendent  shall  determine  the  charges  submitted  to  him 
are  well  founded  he  shall  file  with  the  governor  a  statement 
in  writing  showing  the  specific  and  definite  charge  or  charges 
made  against  the  officer  complained  of,  and  also  a  statement 
that  he  believes  the  charges  to  be  true,  and  that  in  his  opinion 
the  case  demands  investigation,  which  statement  shall  take 
the  place  of  the  statement  of  the  prosecuting  attorney  of  the 
county  in  which  said  officer  is  acting;  whereupon  the  gov- 
ernor shall  proceed  to  investigate  the  case  as  the  statute 
provides ; 

(i)     The  superintendent  of  public  instruction  shall  have  Power  to. 

•••ii  _   .  .        remove   from 

power  and  is  hereby  required  to  remove  from  office,  upon  satis-  office. 
factory  proof  and  after  at  least  ten  days'  notice  to  the  party 
implicated,  any  member  of  any  school  board  except  city  school 
districts  who  shall  have  illegally  used  or  disposed  of  any  of 
e  public  moneys  entrusted  to  his  charge,  or  who  shall  per- 
istently  and  without  sufficient  cause  refuse  or  neglect  to  dis- 
harge  any  of  the  duties  of  his  office,  and  in  case  of  such 
removal  it  shall  be  the  duty  of  the  said  state  superintendent 
to  have  recorded  in  the  office  of  the  township  clerk  of  such 
township  the  resolution  or  order  for  such  removal,  and  such 
record  of  such  resolution  or  order  so  entered  or  a  certified 
copy  thereof  shall  be  prima  facie  evidence  in  all  courts  and 
places  of  jurisdiction  of  the  regularity  of  such  proceedings 
for  removal,  and  said  state  superintendent  shall  file  a  similar 
copy  of  the  proceedings  in  the  records  of  his  office :  Provided, 
That  if  the  party  so  removed  shall  within  thirty  days  after 
such  removal  institute  proceedings  before  a  court  of  com- 
petent jurisdiction  for  the  setting  aside  of  such  order  for 
removal  from  office,  or  if  after  said  thirty  days  such  pro- 
ceedings to  obtain  such  removal  shall  be  discontinued  or  dis- 
missed, the  said  order  for  removal  from  office  shall  stand  and 
not  be  subject  to  attack  by  any  legal  proceedings  thereafter: 
Provided  further,  That  when  an  officer  is  removed  for  cause 
he  shall  not  again  be  elected  or  appointed  to  said  office  for  a 
period  of  at  least  five  years  thereafter; 


14 


STATE  OF  MICHIGAN. 


To   promote 
welfare. 


Deputy  super- 
intendent. 


Duties. 
Salary. 


Proviso, 
assistant 
superin- 
tendents. 

Salaries. 


Tax  clause. 


Rules  and 
regulations, 
who  to  make. 


(j)  To  do  all  things  necessary  to  promote  the  welfare  of 
the  public  schools  and  public  educational  institutions  and 
provide  proper  educational  facilities  for  the  youth  of  the 
state. 

From  and  after  the  first  day  of  July,  nineteen  hundred 
nine,  the  salary  of  the  superintendent  of  public  instruction 
shall  be  four  thousand  dollars  per  annum,  which  shall  be 
paid  monthly  out  of  the  general  fund  in  the  state  treasury 
upon  the  warrant  of  the  auditor  general  in  the  same  manner 
as  the  salaries  of  other  state  officers  are  paid. 

Am.  1919,  Act  402. 

As  to  superintendent  of  public  instruction,  see  Const.,  section  4,  of  this  com- 
pilation. 

(20)  §  5642.     SEC.  2.     In  order  to  organize  the  work  of 
the  department  of  public  instruction  and  assist  the  superin- 
tendent in  the  performance  of  his  duties  in  supervising  public 
education,  he  may  appoint  a  deputy  superintendent  of  public 
instruction    whose    educational    qualifications    shall   be   the 
same  as  those  required  of  the  superintendent  of  public  instruc- 
tion, who  shall  take  the  constitutional  oath  of  office  which 
shall   be  filed   with   the   secretary   of   state.      Said    deputy 
shall  assist  the  superintendent  in  the  performance  of  his 
duties  and  he  may  execute  the  duties  of  the  office  of  super- 
intendent in  case  of  a  vacancy  or  in  the  absence  of  the  super- 
intendent.    The  salary  of  the  deputy  superintendent  shall 
be   two   thousand   five   hundred    dollars   per   annum.     The 
salary  of  the  deputy  superintendent  shall  be  paid  from  the 
general  fund,  upon  a  warrant  of  the  auditor  general,  in  the 
same  manner  that  the  salaries  of  other  state  officers  are  paid : 
Provided,  That  the  superintendent  of  public  instruction  may 
also  appoint  two  assistant  superintendents,  who  shall  per- 
form such  duties  as  the  superintendent  of  public  instruction 
shall  prescribe.     The  salaries  of  the  assistant  superintend- 
ents shall  be  twenty-one  hundred  dollars  per  annum,  and 
such  salaries  shall  be  paid  from  the  general  fund,  upon  a 
warrant  of  the  auditor  general,  in  the  same  manner  that  the 
salaries  of  other  state  officers  are  paid.    The  superintendent 
of  public  instruction  may  revoke  any  of  said  appointments 
in  his  discretion.     There  is  hereby  appropriated  out  of  the 
general  fund  in  the  state  treasury  a  sufficient  amount  to 
carry  out  the  provisions  of  this  act.     The  auditor  general 
shall  add  to  and  incorporate  in  the  state  tax  for  the  year 
nineteen  hundred  seventeen  and  every  year  thereafter  a  suf- 
ficient amount  to  reimburse  the  general  fund  for  the  amounts 
appropriated  by  this  act. 

Am.  1917,  Act  22. 

(21)  §  5043.       SEC.  3.      The    superintendent    of    public 
instruction  may  prepare  and  have  printed  general  rules  and 
regulations  for  the  management  of  township   and   district 
libraries,  and  shall  prepare  and  have  printed  a  course  of 


GENERAL  SCHOOL  LAWS 


15 


Books, 
lists  of. 


Apportion- 
ment of 
primary 
school  fund, 
etc. 


udy  for  the  district  schools  of  the  state,  which  shall  be  pur- 
sued in  all  district  schools  in  the  state,  except  city  school 
districts,  and  he  shall  transmit  all  these  documents  to  the 
several  school  officers  entrusted  with  the  care  and  manage- 

ent  of  the  public  schools.  With  the  co-operation  of  the 
te  librarian,  he  shall  prepare,  at  least  once  in  every  two 
\t-ars,  lists  of  books  suitable  for  township  a"nd  district  libra- 
ries, and  furnish  copies  of  such  lists  to  each  township  and 
school  officer  entrusted  with  the  care  and  custody  of  their 
respective  libraries,  except  city  school  libraries,  and  high 
school  libraries,  from  which  lists  the  said  school  officers 

all  select  and  purchase  books  for  their  respective  libraries. 
(22)  §  5644.  SEC.  4.  He  shall  in  the  year  nineteen  hun- 

red  twelve,  and  annually  thereafter  on  receiving  notice  from 
the  auditor  general  of  the  amounts  thereof  and  between  the 
fifth  and  fifteenth  days  of  July  apportion  the  primary  school 
interest  fund  among  the  several  townships  and  cities  of  the 
state  in  proportion  to  the  number  of  children  in  each  between 
the  ages  of  five  and  twenty  years  as  the  same  shall  appear  by 
the  reports  of  the  several  township  clerks  made  to  him  for  the 
school  year  closing  in  July  of  the  preceding  year,  and  shall 
prepare  a  statement  of  the  amount  in  the  aggregate  payable 
to  each  county,  and  shall  deliver  the  same  to  the  auditor  gen- 
eral, who  shall  thereupon  draw  his  warrant  upon  the  state 
treasurer  in  favor  of  the  treasurer  of  each  county  for  the 
amount  payable  to  each  county.  He  shall  also  send  written 
notices  to  the  clerks  of  the  several  counties  of  the  amount  in 
the  aggregate  to  be  disbursed  in  their  respective  counties,  and 
the  amount  payable  to  the  townships  and  cities  therein 

sj.et  t  i vel\ .    The  primary  school  interest  fund  payable  under 

e  law  now  existing  shall  be  apportioned  and  paid  between 
the  lirst  and  tenth  days  of  November,  nineteen  hundred 
eleven  :  Provided,  That,  if  any  deficiency  shall  be  caused  in 
the  teachers'  wages  fund  in  any  school  district  by  the 
changing  of  the  date  of  the.  apportionment  of  the  primary 
school  interest  fund  by  the  superintendent  of  public  instruc- 
tion, the  school  board  or  board  of  education  of  said  district 
shall  have  authority  tirst  to  borrow  on  the  warrant  of  the 
Hstrict  a  sum  sufficient  to  meet  such  deficiency  or,  second, 
borrow  and  issue  bonds  of  the  school  district  for  the  sum 
such  deficiency  for  a  period  not  to  exceed  five  years. 

Where  the  superintendent  of  public  instruction  directed  the  payment  of  the 
Apportionment  of  funds  to  one  of  the  four  districts  of  the  township,  the  direc- 
tion for  payment  of  the  funds  followed  the  same  into  the  hands  of  the  town- 
ship treasurer,  and  no  other  or  further  apportionment  was  necessary  or  could 
be  made  by  the  township  clerk,  who  was  powerless  to  alter  or  modify  the  action 
of  the  superintendent  of  public  instruction. — Moiles  v.  Watson,  60/415.  The 
.i-  of  the  district,  to  whom  the  money  was  paid,  being  assessor  de  facto, 
the  question  of  \vhetln -r  or  not  he  was  also  assessor  de  jure  could  not  be  raised 
in  this  case.  Id.  it  has  from  the  beginning  been  the  policy  of  this  state  to 
maintain  its  primary  schools  for  the  education  of  children  within  school  age, 
ixnd  to  that  end  it  has  always  caused  to  be  set  aside  certain  revenues,  which 


Warrant    for, 
how    drawn. 

Notice    to 
county  clerks. 


Proviso. 


5 


16 


STATE  OF   MICHIGAN. 


by  statute  are  apportioned  to  the  several  counties  according  to  the  number  of 
children  residing  in  each  county  within  the  age  limit,  "as  the  same  shall 
appear  by  the  reports  of  the  several  school  boards  or  school  inspectors  made" 
for  that  purpose. — Muskegon  Public  Schools  v.  Wright,  176  /  6,  12. 


Proceedings 
in  case  of 
defective 
returns. 


When   defi- 
ciency may  be 
apportioned 
the  next  year. 


Other    duties 
of    superin- 
tendent. 


(23)  §  5645.     SEC.  5.     Whenever  the  returns  from  any 
county,  township,  city,  or  district,  upon  which  a  statement 
of  the  amount  to  be  disbursed  or  paid  to  any  such  county, 
township,  city,  or  district  shall  be  so  far  defective  as  to  ren- 
der it  impracticable  to  ascertain  the  share  of  primary  school 
interest  fund  which  ought  to  be  disbursed  or  paid  to  such 
county,  township,  city,  or  district,  he  shall  ascertain  by  the 
best  evidence  in  his  power  the  facts  upon  which  the  ratio  of 
such  apportionment  shall  depend,  and  shall  make  the  appor- 
tionment accordingly. 

(24)  §  5646.     SEC.  6.     Whenever  any  county,  township, 
city,  or  district,  through  failure  or  error  in  making  the  proper 
report,  shall  fail  to  receive  its  share  of  the  primary  school 
interest  fund,  the  superintendent  of  public  instruction,  upon 
satisfactory  proof  that  said  county,  township,  city,  or  district 
was    justly    entitled    to    the    same,    shall    apportion    such 
deficiency  in  his  next  apportionment;  and  whenever  it  shall 
appear  to  the  satisfaction  of  said  superintendent  that  any  dis- 
trict has  had  three  months7  school,  but  failed  to  have  the  full 
time  of  school  required  by  law,  through  no  fault  or  negligence 
of  the  district  or  its  officers,  he  may  include  such  district  in 
his  apportionment  of  the  primary  school  interest  fund  in  his 
discretion. 

(25)  §  5647.     SEC.  7.      The    superintendent    of    public 
instruction  shall  perform  such  other  duties  as  are  or  shall  be 
required  of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records,  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


Township 
board, 

authority  of, 
in   division 
of  school 
districts. 


Districts 

heretofore 

organized. 


CHAPTER  II. 

FORMATION,    ALTERATION,    MEETINGS,    AND    POWERS    OF   DISTRICTS. 

(26)  §  5648.  SECTION  1.  The  township  board  of  each 
township  shall  have  authority  to  divide  the  township  into 
such  number  of  school  districts  as  may  from  time  to  time 
be  necessary,  which  districts  it  shall  number,  and  it  may 
regulate  and  alter  the  boundaries  of  the  same  as  circum- 
stances shall  render  proper;  and  each  district  shall  be  com- 
posed of  contiguous  territory  and  be  in  as  compact  a  form 
as  may  be.  Districts  heretofore  organized  shall  remain  and 
have  the  same  boundaries  as  at  the  time  of  the  passage  of 
this  act,  subject  to  change  hereafter  in  the  discretion  of  the 
township  board. 

PRIMARY  SCHOOL  SYSTEM  :  The  whole  primary  school  system  was  con- 
fided by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 


GENERAL  SCHOOL  LAWS.  17 

officers  of  school  districts  chosen  pursuant  to  the  system  adopted  by  the  leg- 
islature, are  constitutional  officers. — Belles  v.  Burr,  76/11.  The  constitution 
of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  establish- 
ment of  a  system  of  primary  schools,  restricting  the  legislature  only  by  pro- 
viding that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the  Eng- 
lish language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93  /  283  ;  People  v.  Hewlett,  94  /  168 ;  Pingree 
v  Board  of  Education,  99  /  408.  The  constitution  of  1909  provides  that  a 
district  maintain  school  live  months  in  each  year  in  order  to  participate  in 
the  primary  interest  fund.  Our  primary  school  system  is  the  pride  of  the 
8tate. — People  v.  Hewlett,  94  /  169. 

FORMATION  OF  DISTRICTS:  See  Doxey  v.  Sch.  Inspectors,  67/603; 
Brody  v.  Penn.  Twp.  Board,  32  /  273 ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343 ; 
Siiupkins  v.  Ward,  45  /  561.  See  Briggs  v.  Borden,  71  /  89-90 ;  People  v. 
Davidson,  2  Doug.  121 ;  Brewer  v.  Palmer,  13  /  107.  When  two  districts  are 
annexed  without  any  other  change  in  their  boundaries,  the  mere  fact  that 
one  number  is  preferred  to  another  does  not  change  the  real  character  of  the 
annexation. — Brewer  v.  Palmer,  13  /  109.  When  one  district  is  annexed  to 
another,  its  corporate  existence  ceases  and  it  cannot  be  sued  for  debts ;  the 
new  district  must  be  held  responsible  for  them. — Id.  But  when  a  district 
is  parceled  out  among  several  other  districts,  the  latter  cannot  be  held 
jointly  liable  for  the  debts  of  the  former ;  whatever  they  are  bound  to  pay 
is  a  several  and  not  a  joint  obligation. — Halbert  v.  Sch.  Dists.,  36/421. 
Change  of  a  district  formed  by  special  act  of  the  legislature. — Sch.  Dist.  v. 
Dean,  17  /  223.  The  organization  of  a  new  township  severs  its  territory  from 
the  school  district  within  which  it  was  formerly  embraced. — People  v.  Ryan, 
19/203.  See  section  34. 

QUESTIONING  REGULARITY :  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collater- 
ally, but  only  in  direct  proceedings. — Clement  v.  Everest,  29  /  19.  See  Sch. 
Dist.  v.  Inspectors,  27  /  3 ;  Stuart  v.  Sch.  Dist.,  30  /  69 ;  Lord  v.  Every, 
38  /  405  ;  Bird  v.  Perkins,  33  /  30  ;  Stockle  v.  Silsbee,  41  /  621 ;  Keweeuaw 
Ass'n  v.  Sch.  Dist.,  98  /  437.  The  legality  of  the  organization  and  existence  of 
the  district  cannot  be  tested  by  certiorari. — Jaquith  v.  Hale,  31  /  430.  Cer- 
tiorari  to  review  the  proceedings  in  organizing  a  district  will  not  lie  after  the  ^ 

district  is  actually  organized  and  has  assumed  the  functions  of  a  corporation  ; 
its  corporate  existence  must  then  be  tested  by  quo  warranto. — Sch.  Dist.  v. 
Inspectors,  27/3;  People  v.  Gartland,  75/143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  interference  by  quo  warranto  with 
the  organization  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board. — Lord 
v.  Every,  38  /  405.  And  the  supreme  court  will  not  meddle  with  the  con- 
cerns of  school  districts,  on  mandamus,  except  on  things  of  substance. — Sch. 
Dist.  v.  Riverside  Twp.,  67  /  406.  The  facts  in  regard  to  the  notices  and  proof 
of  posting  are  sufficiently  established  if  set  out  in  the  return  of  the  board, 
though  not  appearing  in  the  clerk's  minutes  of  the  proceedings.  The  act  of 
detaching  territory  from  two  school  districts  and  forming  a  new  district  by 
one  and  the  same  motion,  after  parties  interested  have  had  ample  opportunity 
to  be  heard  on  both  questions,  is  valid. — Smelzer  v.  Inspectors  Big  Prairie 
Twp.,  125/666. 

(27)     §  5649.     SEC.  2.     Whenever  the  township  board  of  Notice  to 
any  township  shall  form  a  school  district  therein,  it  shall  be  on^ormaHon 
the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable  of  dl8tTict 
inhabitant  of  such  district  a  notice  in  writing  of  the  forma- 
tion of  such  district,  describing  its  boundaries  and  specify- 
ing the  time  and  place  of  the  first  meeting,  which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  record 
by  the  clerk.    The  said  notice  shall  also  direct  such  inhabitant  Notice  to 
to  notify  every  qualified  voter  of  such  district,  either  per-  ?!J?er?ed 
sonally  or  by  leaving  a  written  notice  at  his  place  of  resi- 
dence, of  the  time  and  place  of  said  meeting,  at  least  five 
days  before  the  time  appointed  therefor;  and  it  shall  be  the 
duty  of  such  inhabitant  to  notify  the  qualified  voters  of  said 
district  accordingly,  and  said  inhabitant,  when  he  shall  have 
notified  the  qualified  voters  as  required  in  such  notice,  shall 
endorse  thereon  a  return  showing  such  notification  with  the  Return, 
date  or  dates  thereof,  and  deliver  such  notice  and  return  to   sh^w. to 
the  chairman  of  the  meeting,  to  be  by  him  delivered  to  the 


. 


18 


STATE  OF   MICHIGAN. 


director    chosen    at    such    meeting,    and    by    said    director 
recorded  at  length  as  a  part  of  the  records  of  such  district. 

NOTICE  :  The  board  may,  under  one  notice,  at  one  meeting,  by  separate 
action,  detach  lands  from  separate  school  districts  and  attach  them  to  one 
district. — Doxey  v.  School  Inspectors,  67/601.  Irregularity  in  notice. — 
Parman  v.  Inspectors,  49  /  63.  See  Roeser  v.  Gartland,  75  /  144. 

RECORDS:      Importance    of.— Sch.   Dist.    v.    Snell,    24/352. 


Proceedings 
in    case   of 
failure  to 
organize 
district. 


Fractional 
districts, 
how    formed. 


Annual 
reports, 
where 
made. 


When 
districts 
deemed    duly 
organized. 


When    pre- 
sumed legally 
organized. 


Organization, 
how    lost. 


Failure  to 

maintain 

school. 


Resolution 

declaring 

dissolution. 


(28)  §  5650.     SEC.  3.     In    case   the   inhabitants    of   any 
district  shall  fail  to  organize  the  same  in  pursuance  of  such 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice  in 
the  manner  hereinbefore  provided,    and   the   same    proceed- 
ings shall  be  had  thereon  as  if  no  previous  notice  had  been 
delivered. 

(29)  §  5651.     SEC.  4.     Whenever  it  shall  be  necessary  or 
convenient  to  form  a  district  from  two  or  more  adjoining 
townships,  the  township  boards,  or  a  majority  of  them,  of 
each  of  such  adjoining  townships,  may  form  such  district,  to 
be  designated  as  a  fractional  district,  and  direct  which  town- 
ship clerk  shall  make  and  deliver  the  notice  of  the  formation 
of  the  same  to  a  taxable  inhabitant  thereof,  and  may  regulate 
and  alter  such  district  as  circumstances  may  render  neces- 
sary in  the  same  manner  that  other  districts  are  altered. 
The  annual  reports  of  the  director  of  such  district  shall  be 
made  to  the  clerk  of  the  township  in  which  the  schoolhouse 
may  be  situated,  and  the  township  board  of  such  township 
shall  number  said  district. 

Saginaw  Twp.  v.   Sch.   Dist.,  9  /  544  ;  Brewer  v.  Palmer,   13  /  109. 

(30)  §  5652.     SEC.  5.     Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers  elected 
at  the  first  meeting  shall  have  filed  their  acceptances  in  writ- 
ing with  the  director,  and  the  same  shall  have  been  recorded 
in  the  minutes  of  such  first  meeting.    Every  school  district 
shall  in  all  cases  be  presumed  to  have  been  legally  organized 
when  it  shall  have  exercised  the  franchises  and  privileges  of 
a  district  for  the  term  of  two  years ;  and  such  school  district 
and  its  officers  shall  be  entitled  to  all  the  rights,  privileges  and 
immunities,  and  be  subject  to  all  the  duties  and  liabilities 
conferred  upon  school  districts  by  law.    Any  school  district 
shall  lose  its  organization  as  follows : 

(a)  Whenever  there  are  not  three  or  more  persons  in 
such  district  qualified  under  the  law  to  hold  district  offices; 

,(b)  Whenever  such  district  shall  fail  to  maintain  school 
for  the  time  required  by  law  for  a  period  of  two  successive 
years  either  within  its  own  boundaries  or  by  providing  for 
the  education  of  the  children  in  other  districts.  Upon  the 
happening  of  either  condition,  the  township  board,  or  joint 
board,  if  such  district  be  fractional,  shall  declare  by  resolu- 
tion such  district  dissolved  and  shall  immediately  attach  the 
territory  thereof,  in  whole  or  in  part,  to  other  districts  already 


GENERAL  SCHOOL  LAWS. 


19 


organized  and  make  an  equitable  distribution  of  the  money, 
property  and  other  material  belonging  to  such  district  among 
the  districts  to  which  the  territory  thereof  shall  be  attached, 
in  accordance  with  the  provisions  hereinafter  stated. 

PRESUMPTION  OF  LEGAL  ORGANIZATION  :  When  a  district  has  exer- 
cised the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the  legality  of  Its  organization. — Sch.  Dist.  v.  -Sch. 
Hist.,  63  /  56  ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343  ;  Bd.  of  Ed.  of  Traverse  City 
\.  Straub,  182  /  665.  The  same  rule  which  recognizes  the  right  of  officers  de 
facto  recognizes  corporations  de  facto. — Clement  v.  Everest,  29  /  23.  In  public 
affairs,  when  the  people  have  organized  themselves  under  color  of  law  into  the 
ordinary  municipal  bodies,  and  have  gone  on  year  after  year  raising  taxes, 
making  improvements  and  exercising  their  usual  franchises,  their  rights  are 
properly  regarded  as  depending  quite  as  much  on  the  acquiescence  as  on  the 
regularity  Of  their  origin,  and  no  ex  post  facto  inquiry  can  be  permitted  to 
undo  their  corporate  existence. — People  v.  Maynard,  15  /  470.  As  to  question- 
ing the  regularity  of  organizations,  etc.,  see  note  to  section  26. 

(31)  §  5653.  SEC.  6.  The  record  of  the  first  meeting 
inn  do  by  the  director  shall  be  prima  facie  evidence  of  the 
facts  therein  set  forth  and  of  the  legality  of  all  proceedings 
in  the  organization  of  the  district  prior  to  the  first  district 
meeting;  but  nothing  in  this  section  contained  shall  be  so 
construed  as  to  impair  the  effect  of  the  record  kept  by  the 
township  board  as  evidence. 


Directors' 
record  of 
first   meeting 
prima  facie 
evidence. 


CORPORATE   POWERS    OF   DISTRICTS. 


School 
district, 
a  body 
corporate. 


Name    and 
style. 


QK 

; 

n 


(32)  §  5654.  SEC.  7.  Every  school  district  organized  in 
pursuance  of  this  chapter,  or  which  has  been  organized  and 
continued  under  any  previous  law  of  the  state  or  territory 
of  Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 
usual  powers  of  a  corporation  for  public  purposes,  by  the 
name  and  style  of  "school  district  number (such  num- 
ber as  shall  be  designated  in  the  formation  thereof  by  the 

township  board),  of  (the  name  of  the  township 

or  townships  in  which  the  district  is  situated),"  and  in  that  Power  of. 
name  shall  be  capable  of  suing  and  being  sued,  of  contracting 
and   being  contracted  with,  and   of  holding  such   real  and 
personal  estate  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  law,  and  of  selling  the  same. 

<  ORPORATE  POWERS:     The  school  district,  under  our  statutes,  is  a  cor- 
poration,  and,  as  such  corporation,  is  represented  by  three  officers;  a  moder- 
ator, director  and  assessor.     The  affairs  of  the  district  are  managed  and  con- 
ill.-d    hy    fhrm.    Tinder  certain   restrictions. — Sch.  Dist.   v.    Sch.   Dist     63/57 
1   district    can   take  and  hold   bequests  of  money  for  the  maintenance 

a  public  library  for  the  use  ami   benefit  of  tho  residents  of  the  district 

ynnrd    v     Woodward.   36/423.      School   districts,   like   townships   and   coun- 
are   subdivisions   of  the   state.     This  section    nivi-s   them   the  capacity   to 
and    be   sued.— Van    Wert   v.    Sch.    Dist..    100  /  333.      School   districts   are 
Dlcipai  corporations. — Seeley  v.  Board  of  Ed.,  39  /  4S6  ;  Sch.  Dist.  v    Gage 
/484;  Belles  v.  Burr,  76/1.     And  cannot  be  garnishecd  even  by  their  own 
isenr.   unless  the  debtor  also  consents.— Id.     They  preceded  the  constitution 
uart   v     Sch     Dist.,    30/69),    ahd    were    recognized    by    that    instrument.— 
Belles iv.  Burr.  76/11.      It  is  familiar  doctrine  that   school  districts  are  state 
agencies  with  limited  powers,  confined,  generally,  to  those  expressly  enumerated 
~75/440e  neccssarily  imPlted.— Attorney  General  v.  Detroit  Bd.  of  Education, 
MI'SIT:     This  section   gives  school   districts   capacity   to   sue  and   be 
i  '    -i   *    ,Yu 1;nm  gainst  the  district  is  unliquidated,  assumpsit  will  lie  and 
liquidated  the  remedy  would  be  by  mandamus  to  compel  the  necessary  action 
to  cause  it  to  hi-  paid.— Waterman,  etc.,  Co.  v.  Sch    Dist     183/175 


20 


STATE  OF  MICHIGAN. 


Alteration 
of    district 
boundaries 
by    township 
board. 


Posting 
notice. 

Joint    boards. 


May   detach, 
etc.,  property. 


Proviso, 
referendum. 


ALTERATION  OP  DISTRICTS. 

(33)  §  5655.    SEC.  8.    Whenever  the  township  board  shall 
contemplate  an  alteration  of  the  boundaries  of  a  district,  the 
township  clerk   (and  for  meetings  of  boards  to  act  in  rela- 
tion to  fractional  districts,  clerks  of  the  several  townships 
interested)  shall  give  at  least  ten  days'  notice  of  the  time  and 
place  of  the  meeting  of  said  board  and  the  alteration  pro- 
posed, by  posting  such  notice  in  three  public  places  in  the 
township  or  townships,  one  of  which  notices  shall  be  in  each 
of  the  districts  that  may  be  affected  by  such  alteration.  When- 
ever the  township  boards  of  more  than  one  township  meet, 
they  shall  elect  one  of  their  number  chairman,  and  another 
clerk  thereof. 

NOTICE:  Th'e  notice  required  is'jurisdictional  and  indispensable. — Coulter 
v.  Inspectors,  59  /  391 ;  Sch.  Dist.  v.  Inspectors,  63  /  611 ;  Gentle  v.  Inspec- 
tors, 73  /  40  ;  Graves  v.  Inspectors,  102  /  635  ;  Passage  v.  Inspectors,  19  /  330  ; 
Andress  v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice  should 
be  filed  with  the  clerk  of  the  board,  before  any  action  is  taken. — Coulter 
v.  Inspectors,  59  /  391  ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Graves  v.  Inspec- 
tors, 102  /  635.  Where  notice  is  not  given  the  filing  of  the  consent  of  a 
majority  of  the  resident  taxpayers  of  the  districts  affected  will  not  validate 
the  action. — Gentle  v.  Inspectors,  73  /  40.  Notices  must  be  posted  in  each 
township  affected  by  the  alteration. — Sch.  Dist.  v.  Metcalf,  93/499.  The 
object  of  the  notice  is  to  enable  parties  interested  to  be  heard  before  any 
action  is  taken. — Gentle  v.  Inspectors,  73  /  45  ;  Sch.  Dist.  v.  Metcalf,  93  /  499. 
As  to  the  provision  in  the  former  law,  see  Sch.  Dist.  v.  Sch.  Dist.,  63/51. 
Notice  of  posting  notices  in  three  public  places  is  jurisdictional.  Affidavit  must 
show  that  the  notices  were  so  posted.  Certiorari  will  lie  to  test  validity 
of  proceedings  where  petitioner  moves  promptly. — Huyser  v.  Board  of  Schoo'l 
Inspectors,  131  /  568. 

FRACTIONAL  DISTRICTS  :  The  action  of  the  Joint  boards  is  required  in 
case  of  fractional  districts. — Sch.  Dist.  v.  Sch.  Dist.,  81  /  343. 

(34)  §  5656.     SEC.  9.     A  township  board  may  in  its  dis- 
cretion detach  the  property  of  any  person  or  persons  from 
one  district  and  attach  it  to  another:     Provided,  however, 
That  no  land  which  has  been  taxed  for  building  a  school- 
house  shall  be  set  off  into  another  district  for  the  period  of 
three  years  thereafter  except  by  the  consent  of  a  two-thirds 
majority  of  the  resident  owners  of  said  land ;  and  no  district 
shall  be  divided  into  two  or  more  districts  without  the  con- 
sent of  the  majority  of  the  resident  taxpayers  of  said  district, 
and  no  two  or  more  districts  shall  be  consolidated  without 
the  consent  of  a  majority  of  the  resident  taxpayers  of  each 
district. 

People  v.  Davidson,  2  Doug.  121;  Brewer  v.  Palmer,  13/104.  See  Sch. 
Dist.  v.  Dean,  17  /  223  ;  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT:  The  school  inspectors  (township  board)  have 
power  to  alter  boundaries  of  districts,  and  attach  or  detach  persons,  to  or 
from  any  district;  but  no  power  is  anywhere  granted  to  them  to  disband, 
dissolve  or  destroy  a  district,  save  as  restricted  under  this  section. — Briggs 
v  Borden  71  /  90.  As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  board 
have  no  authority  to  divide  up  a  district  and  destroy  it  without  the  consent 
of  a  majority  of  the  resident  taxpayers;  nor  can  they  destroy  it  by  cutting 
it  up  into  pieces  and  attaching  all  the  territory  to  other  districts  without 
such  consent. — Id.  The  terms  "dissolve"  and  "disband"  are  of  similar  import 
and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a  meeting  to  vote 
upon  a  proposition  to  "dissolve." — Id. 

CONSENT  OF  OWNER :  Lauds  taxed  within  three  years  for  building  a 
schoolhouse,  not  to  be  set  off  into  another  district  without  the  consent  of 
the  owner. — Coulter  v.  Inspectors,  59  /  391. 

CONSOLIDATION  :  The  right  of  inspectors  to  consolidate  districts  depends 
upon  the  consent  of  majority  of  resident  taxpayers.  Where  a  school  district 


GENERAL   SCHOOL  LAWS. 


21 


e  facto  formed  by  consolidation  of  other  districts  has  been  In  existence 
NO  years  or  more  the  court  will  not  set  aside  action  of  board. — Howell  v. 
hannon,  130  /  556. 

POWER  OF   LEGISLATURE  :     The  legislature  may  change  the  boundaries 
f  district. — Att'y   Gen.  ex.  rel.   Kies  v.  Lowery,   131  /  639. 


(35)  §  5657.     SEC.  10.     The  township  board  shall  attach 
o  a  school  district  contiguous  territory  in  the  township  and 
iot  in  any  organized  district. 

(36)  §  5658.     SEC.  11.     In  all  cases  where  an  alteration 
>f  the  boundaries  of  a  school  district  shall  be  made,  the 
ownship  clerk  shall,  within  ten  days,  deliver  to  the  director 
>f  each  district  affected  by  the  alteration  a  notice  in  writing, 
letting  forth  the  action  of  the  township  board  and  defining 
he  alterations  that  have  been  made. 

DIVISION  OP  PROPERTY. 

(37)  §  5659.     SEC.  12.     When  a  new  district  is  formed  in 
•vhole  or  in  part  from  one  or  more  districts  possessed  of  a 
schoolhouse  or  entitled  to  other  property,  the  township  board 
it  the  time  of  forming  such  new  district,  or  as  soon  there- 
ifter  as  may  be,  shall  ascertain  and  determine  the  amount 
justly  due  to  such  new  district  from  any  district  out  of 
which  it  may  have  been  in  whole  or  in  part  formed,  as  the 
proportion  of  such  new  district,  of  the  value  of  the  school- 
house  and  other  property  belonging  to  the  former  district, 
at  the  time  of  such  division ;  and  whenever  by  the  division  of 
any  district,  the  schoolhouse  or  site  thereof  shall  no  longer 
be  conveniently  located  for  school  purposes  and  shall  not  be 
desired  for  use  by  the  new  district  in  which  it  may  be  sit- 
uated, the  township  board  of  the  township  in  which  such 
schoolhouse  and  site  shall  be  located  may  advertise  and  sell 
the  same,  and  apportion  the  proceeds  of  such  sale  and  also 
any  moneys  belonging  to  the  district  thus  divided  among  the 
several  districts  erected  in  whole  or  in  part  from  the  divided 
district. 


Unorganized 
territory. 


Notice    to 
director    of 
district 
affected  by 
alteration. 


Division   of 
districts 
possessed 
of   school- 
houses,    etc. 


When    may 
sell    and 
apportion 
proceeds. 


.,: 


Saginaw  Twp.  v.   Sch.  Dist.,  9  /  541  ;  People  v.  Ryan,   19  /  203  ;   Ramsey   v. 

, .  i  t-tt  Twp.  Clerk,  52  /  344  ;   Sch.  Dist.  v.   Riverside  Twp.,   67  /  404. 

NEW  DISTRICT  :  See  Pine  Sch.  Dist.  v.  Wilcox,  48  /  404,  and  section  117 
as  to  appeals.  Bill  to  prevent  the  consummation  of  a  void  apportionment. — • 
Sch.  Dist.  v.  Sch.  Dist.,  63  /  58.  Bill  to  restrain  the  sale  of  the  school- 
h.mse. — Briggs  v.  Borden,  71/87.  Upon  the  formation  of  a  new  district  by 
the  union  of  two  or  more,  the  new  district  succeeds  to  the  credits  and  prop- 
erty and  is  liable  for  the  debts  of  the  old  ones. — Brewer  v.  Palmer,  13  /  104  ; 
Halbert  v.  Districts,  36  /  421. 

(38)     §  5660.     SEC.  13.     Such  proportion  shall  be  ascer-   Proportion, 
tained  and  determined  according  to  the  value  of  the  taxable   fuinedasc 
property  of  the  respective  parts  of  such  former  district  at 
the  time  of  the  division,  by  the  best  evidence  in  the  power  of 
the  township  board;  and  such  amount  of  any  debt  due  from   Dej>t 
the  former  district,  which  would  have  been  a  charge  upon  the 
new  had  it  remained  in  the  former  district,  shall  be  deducted 


deducted. 


22 


STATE  OF   MICHIGAN. 


proviso.  from  such  proportion:     Provided,  That  no  real  estate  thus 

set  off,  and  which  shall  not  have  been  taxed  for  the  purchase 
or  building  of  such  schoolhouse,  shall  be  entitled  to  any  por- 
tion thereof  nor  be  taken  into  account  in  such  division  of 
district  property. 

DEBTS  OF  OLD  DISTRICTS  :  Where  the  territory  of  a  school  district  is 
absorbed  by  other  districts,  the  statute  contemplates  that  the  township  board 
shall  make  an  equitable  adjustment  of  property  and  debts,  so  as  to  propor- 
tion them  fairly  among  the  districts  which  have  succeeded  to  the  jurisdic- 
tion of  that  which  has  been  divided. — Halbert  v.  Sch.  Districts,  36/421. 
Where  a  school  district  has  been  subdivided  and  other  districts  set  off,  the 
debts  of  the  original  district  cannot  be  parceled  out  among  all  by  a  proceed- 
ing in  the  courts,  so  as  to  give  creditors  a  remedy  against  any  but  the  orig- 
inal debtors. — Turnbull  v.  Alpena  Sch.  Dist.,  45  /  496  ;  Maltz  v.  Board  of 
Education,  41  /  547.  A  debt  once  existing  must  remain  a  debt  against  the 
corporation  that  created  it,  and  its  obligation  is  not  destroyed  by  a  change 
in  corporation  limits.  If  contribution  is  required,  it  must  be  obtained  by 
the  corporation  and  not  by  its  creditors,  unless  otherwise  provided  by  law. 
—Turnbull  v.  Alpena  Sch.  Dist.,  45  /  499. 


Annual 
school 
meetings, 
svhen    held. 

School 
year,   when 
to  begin. 


Proviso. 


Special 
meetings. 


When   may 
not  be   called. 


Business  of, 
to  be  stated 
in  notice. 


Notices  of 
meetings. 


DISTRICT  MEETINGS. 

(39)  §  5661.     SEC.  14.     The  annual  meeting  of  all  school 
districts,  except  where  otherwise  provided  by  special  enact- 
ment, shall  be  held  on  the  second  Monday  of  July  in  each 
year.    The  school  year  shall  commence  on  that  day,  and  the 
trustees  and  officers  of  the  district  shall  date  their  terms  of 
office  from  said  day,  and  until  their  successors  are  elected 
and  qualified :    Provided,  That  any  district  may  vote  to  hold 
its  annual  meeting  on  the  fourth  Monday  in  July. 

(40)  §  5662.     SEC.  15.     Special  meetings  may  be  called 
by  the  district  board ;  and  it  shall  be  the  duty  of  said  board, 
or  any  one  of  them,  to  call  such  meetings  on  the  written 
request  of  not  less  than  five  legal  voters  of  the  district,  by 
giving  the  notice  required  in  the  next  succeeding  section ;  but 
no  special  meeting  shall  be  called  unless  the  business  to  be 
transacted  may  lawfully  come  before  such  meeting,  and  no 
business  shall  be  transacted  at  a  special  meeting  unless  the 
same  be  stated  in  the  notice  of  said  meeting. 

NOTICE  :  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 
and  if  they  be  such  as,  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  which  the  meetings  are  called,  they  must  b<>  hold 
sufficient. — Peters  v.  Warren  Twp.,  98  /  55. 

SPECIAL  MEETING  :  In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice  of 
the  meeting  given. — Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402  ;  Johns- 
ton v.  Mitchell,  120  /589.  Use  by  a  school  board,  in  calling  a  special  meet- 
ing, of  a  blank  form  of  notice  prepared  by  a  lawyer  at  the  reqxiest  of  one 
who  was  not  a  member  of  the  board,  is  insufficient  to  show  a  ratification  on 
its  part  of  a  promise  by  such  third  person  that  the  board  would  pay  a 
specified  sum  for  the  legal  services  rendered. — Leonardson  v.  School  District 
No.  3  of  Troy  Township,  125/209. 

(41)  §  5663.     SEC.  16.     All  notices  of  annual  or  special 
district  meetings,  /after  the  first  meeting  has  been  held  as 
aforesaid,  shall  specify  the  day  and  hour  and  place  of  meet- 
ing, and  shall  be  given  at  least  six  days  previous  to  such 
meeting,  by  posting  up  copies  thereof  in  three  of  the  most 
public  places  in  the  district,  one  copy  of  which  for  each  meet- 


<;  I:.\KKAL  SCHOOL  LAWS. 

ng  shall  be  posted  at  the  outer  door  of  the  district  school- 
louse,  if  there  be  one;  and  in  case  of  any  special  meeting 
•ailed  for  the  purpose  of  establishing  or  changing  the  site 
•t'  a  schoolhouse,  such  notice  shall  be  given  at  least  ten  days 
•revious  thereto:  Provided,  That  when  any  of  the  district 
M.ard  shall  receive  a  request  to  call  a  special  meeting,  as 
n-ovided  in  the  preceding  section,  he  shall  forthwith  give 
lotice,  as  above  provided,  of  said  meeting,  which  shall  be 
:alled  in  not  less  than  six  nor  more  than  twelve  days  from 
he  time  the  said  officer  shall  receive  the  notice  aforesaid. 
V<>  annual  meeting  shall  be  deemed  illegal  for  want  of  due 
lotice,  unless  it  shall  appear  that  the  omission  to  give  such 
lotice  was  wilful  and  fraudulent. 

Schafer   v.    Sch.    Diet.    No.    1    of   Baraga,    116  /  206 ;    Johnston    v.    Mitchell, 
20  /  589. 

(42)  §  5664.  SEC.  IT.  In  all  school  elections  including 
school  elections  held  in  districts  organized  and  governed  in 
vvhole  or  in  part  by  a  local  act  or  acts,  and  including  cities 
>f  the  fourth  class,  any  provisions  in  such  local  act  or  acts 
to  the  contrary  notwithstanding,  every  citizen  of  the  United 
States  of  the  age  of  twenty-one  years,  male  or  female,  who 
owns  property  which  is  assessed  for  school  taxes  in  the  dis- 
trict, or  who  is  the  parent  or  legal  guardian  of  any  child 
>t  school  age  included  in  the  school  census  of  said  district, 
and  who  has  resided  in  said  district  three  months  next  pre- 
ceding such  election,  shall  be  a  qualified  voter.  On  the  ques- 
tion of  voting  school  taxes,  every  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  male  or  female,  who  owns 
property  which  is  assessed  for  school  taxes  in  the  district, 
and  who  has  resided  in  the  district  as  above  stated,  shall  be 
a  qualified  voter:  Provided,  That  the  purchaser  of  land 
upon  a  land  contract,  who  actually  pays  the  taxes  upon 
such  land  and  resides  thereon,  may  vote  upon  all  questions; 
and  where  a  husband  and  wife  own  property  jointly  and 
same  is  assessed  for  school  taxes  in  the  school  district,  each 
may,  if  otherwise  qualified,  vote  upon  all  questions  includ- 
ing the  question  of  raising  money:  Provided  however,  That 
this  act  shall  not  be  applicable  in  any  city  having  a  popula- 
tion of  two  hundred  fifty  thousand  or  over  which  comprises 
a  single  school  district,  but  in  such  city  all  male  electors 
who  shall  possess  the  qualifications  specified  in  section  one, 
article  three  of  the  constitution  of  this  state,  and  all  females, 
who,  if  they  were  males,  would  be  qualified  electors,  shall 
he  qualified  voters  in  all  school  elections  in  such  city,  and 
on  questions  of  voting  school  taxes  therein,  and  such  electors, 
male  and  female,  shall  he  registered  in  the  manner  provided 
by  law  for  the  registration  of  male  electors  in  any  such 
city,  and  all  such  female  electors  shall  be  registered  in  a 
separate  register,  and  in  making  the  returns  of  such  elections 
a  separate  return  shall  be  made  of  the  votes  cast  by  women, 
but  the  aggregate  vote  return  shall  include  the  votes  of  all 


23 


Proviso, 
duty   of  dis- 
trict   officer 
to  give. 


When   annual 
meeting    not 
illegal   for 
want  of. 


Who  qualified 
voter. 


On  voting 
school  taxes. 


Proviso,   land 
contracts. 


Proviso,    In 
cities  of 
250,000   or 

over. 


24 


STATE  OF  MICHIGAN. 


women  electors,  it  being  the  intent  of  this  act  that  the  quali- 
fications of  electors  qualified  to  vote  for  school  inspectors 
therein  shall  be  governed  by  the  provisions  of  law  as  they 
existed  prior  to  the  passage  of  act  number  one  hundred  forty- 
six  of  the  public  acts  of  nineteen  hundred  thirteen. 


Am.  1917,  Act  7. 


Challenging 
voters. 


to  challenged 
voter. 


(43)  §  5665.  SEC.  18.  If  any  person  offering  to  vote  at 
a  school  district  meeting  shall  be  challenged  as  unqualified  by 
any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  declare  to  the  person  challenged  the  quali- 
fications of  a  voter;  and  if  such  person  shall  state  that  he  is 
qualified,  and  the  challenge  shall  not  be  withdrawn,  the  chair- 
man shall  tender  to  him  an  oath,  in  substance  as  follows: 
Oath  tendered  "You  do  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States,  that  you  have  been  for  the  last  three  months 
an  actual  resident  of  this  school  district,  or  residing  upon 
territory  now  attached  to  this  school  district,  and  that  you 
pay  a  school  district  tax  therein;"  and  every  person  taking 
this  oath  shall  be  permitted  to  vote  upon  all  questions  pro- 
posed at  such  meetings.  Or  he  may  take  the  following  oath, 
to  wit:  "You  do  swear  (or  affirm)  that  you  are  a  citizen  of 
the  United  States,  that  you  have  been  for  the  last  three 
months  an  actual  resident  of  this  school  district,  or  residing 
upon  property  now  attached  to  this  school  district,  and  that 
you  are  the  parent  or  legal  guardian  of  one  or  more  children 
now  included  in  the  school  census  of  the  district;"  and  he 
may  vote  upon  all  questions  which  do  not  directly  involve  the 
raising  of  money  by  tax.  If  any  person  so  challenged  shall 
refuse  to  take  such  oath,  his  vote  shall  be  rejected;  and 
any  person  who  shall  wilfully  take  a  false  oath,  or  make 
a  false  affirmation,  under  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  perjury.  When  any  question  is  taken  in 
any  other  way  than  by  ballot,  a  challenge  immediately  after 
the  vote  has  been  taken  shall  be  deemed  to  be  made  when 
offering  the  vote,  and  treated  in  the  same  manner. 


False   oath 

deemed 

perjury. 


Disorderly 
persons  at 
district 
meetings. 


Penalty    for 

disturbing 

meeting. 


Belles  v.  Burr,  76  /  6  ;  Menton  v.  Cook,  147  /  542. 

(44)  §  5666.  SEC.  19.  If  at  any  district  meeting  any 
person  shall  conduct  himself  in  a  disorderly  manner,  and, 
after  notice  from  the  moderator  or  person  presiding,  shall 
persist  therein,  the  moderator  or  person  presiding  may  order 
him  to  withdraw  from  the  meeting,  and  on  his  refusal,  may 
order  any  constable,  or  other  person  or  persons,  to  take  him 
into  custody  until  the  meeting  shall  be  adjourned;  and  any 
person  who  shall  refuse  to  withdraw  from  such  meeting  on 
being  so  ordered  as  herein  provided,  and  also  any  person  who 
shall  wilfully  disturb  such  meeting  by  rude  and  indecent 
behavior,  or  by  profane  or  indecent  discourse,  or  in  any  other 
way  make  such  disturbance,  shall,  on  conviction  thereof,  be 
punished  by  a  fine  not  less  than  two  nor  more  than  fifty  dol- 


GENERAL  SCHOOL  LAWS.  25 

1  rs,  or  by  imprisonment  in  the  county  jail  not  exceeding 

t  drty  days ;  and  any  justice  of  the  peace,  recorder,  or  police 

j  istice  of*the  township,  ward,  or  city  where  such  offense  shall   tion  in  trial. 

1  3  committed,  shall  have  jurisdiction  to  try  and  determine  the 

£  ime. 

(45)  §  5667.  SEC.  20.  The  qualified  voters  of  any  school 
<  istrict  when  lawfully  assembled  at  the  first  and  at  each 
i  inual  meeting  or  at  an  adjournment  thereof,  or  at  any 
fr  >ecial  meeting  lawfully  called,  except  as  hereinafter  pro- 
*  ided,  shall  have  power : 

First,  At  the  first  meeting  and  at  any  meeting  after  the  Chairman. 
(  rganization  of  the  district,  in  the  absence  of  the  moderator, 
1 )  appoint  a  chairman  for  the  time  being  and,  in  the  absence 
(  f  the  director,  to  appoint  some  person  to  act  in  his  stead, 
1  'ho  shall  keep  a  minute  of  the  proceedings  of  such  meeting 
j  nd  certify  same  to  the  director,  to  be  by  him  entered  in  the 
i  ecords  of  the  district ; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  Adjournment. 
:  equire ; 

Third,  To  elect  district  officers  as  herein  provided,  and  to 
«  etermine  at  what  hour  the  annual  meeting  shall  be  held ; 

Fourth,  To  designate  as  hereinafter  provided  a  site  or  such   sites, 
tumber  of  sites  as  may  be  desired  for  schoolhouses,  and  to 
i  hange  same  when  necessary; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites  Purchase,  etc. 
"  awfully  determined  upon ;  the  building,  hiring  or  purchasing 
<>f  a  school  house  or  houses,  or  the  enlarging  of  a  site  or 
,'dtes  previously  established; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient  Tax,  limit  of 
o  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  pur- 
chase a  school  house  or  houses;  but  the  amount  of  taxes  to 
>e  raised  in  any  district  for  the  purpose  of  purchasing  or 
milding  or  altering  a  school  house  or  houses  in  the  same  year 
:hat  any  bonded  indebtedness  is  incurred  shall  not  exceed 
two  hundred  fifty  dollars  in  districts  containing  less  than 
ten  children  between  the  ages  of  five  and  twenty  years;  in 
listricts  having  between  ten  and  thirty  children  of  like  age 
it  shall  not  exceed  five  hundred  dollars;  and  in  districts 
having  between  thirty  and  fifty  children  of  like  age  it  shall 
not  exceed  one  thousand  dollars;  the  foregoing  tax  when 
levied  and  collected,  together  with  all  funds  derived  from 
bonding  for  the  same  purposes,  when  received  by  the  treas- 
urer, shall  be  accounted  for  under  the  title  of  "building  ?uUnddln 
fund:"  Provided,  That  the  money  belonging  to  the  building  proviso, 
fund  shall  be  used  for  no  other  purpose  than  that  for  which 
it  was  raised  without  a  consenting  vote  of  two-thirds  of  the 
taxpaying  voters  of  the  district  present  and  voting  at  said 
election ; 

Seventh,  To  determine  the  amount  of  money  to  be  raised 
by  tax  for  all  school  purposes,  except  as  otherwise  provided 
by  law;  the  tax  herein  provided  for,  together  with  the  one- 


26 


STATE  OF   MICHIGAN. 


School  house, 
etc.,   sale   of. 


Suits. 


Building 
committee. 


School  terms. 


mill  tax,  when  collected  and  received  by  the  treasurer  shall 
be  accounted  for  under  the  title  of  "General  Fund ;" 

Eighth,  To  authorize  and  direct  the  sale  of  any  school 
house,  site,  building  or  other  property  belonging  to  the  dis- 
trict, when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions 
as  they  shall  deem  necessary  in  relation  to  the  prosecution 
or  defense  of  any  suit  or  proceeding  in  which  the  district 
may  be  a  party  or  interested; 

Tenth,  To  appoint  as  in  their  discretion  it  may  be  neces- 
sary a  building  committee  to  perform  such  duties  in  super- 
vising the  work  of  building  a  school  house  as  they  may  by 
vote  direct; 

Eleventh,  At  the  first  and  annual  meeting  only  to  deter- 
mine the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  all  districts  having  four  hundred  or  more 
children  of  school  age,  and  in  all  districts  having  over  thirty 
children  and  less  than  four  hundred  children,  not  less  than 
eight  months,  and  not  less  than  five  months  in  all  other  dis- 
tricts on  the  pain  of  forfeiture  of  their  share  of  the  primary 
school  interest  fund;  but  in  case  the  people  do  not  deter- 
mine the  length  of  the  school  year,  then  the  district  board 
shall  determine  same,  and  in  case  the  board  or  the  district 
fix  the  length  of  the  school  year,  and  later  in  the  year  it  is 
found  desirable  to  increase  the  length  of  said  school  year, 
such  action  may  be  taken  at  a  properly  called  special  school 
meeting,  or  the  board  may  take  such  action  on  petition  of  a 
majority  of  the  resident  qualified  voters:  Provided,  That 
each  school  district  may  at  an  annual  or  special  meeting  vote 
to  discontinue  school  in  the  district  for  the  ensuing  year  and 
determine  that  the  children  resident  therein  shall  be  sent  to 
another  school  or  schools,  and  when  such  action  has  been 
taken  the  school  board  shall  have  authority  to  use  any  funds, 
except  library  funds,  in  the  hands  of  the  treasurer  to  pay 
the  tuition  and  transportation  of  all  such  children,  and  if 
necessary  vote  a  tax  for  such  purpose. 


Proviso. 


Moiles  v.  Watson,  60  /  415  ;  Detroit  Board  of  Education  v.  Moross,  151  /  625. 

FOURTH  :     See  section  102  as  to  designation  of  school  sites. 

FIFTH :  A  school  district  contracting  for  the  building  of  a  schoolhouse 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within  such 
reasonable  time  that  the  contractors  shall  not  be  delayed  on  their  part. — Todd 
v.  Sch.  Dist.,  40  /  294.  Sureties  upon  a  bond  for  the  performance  of  a  Con- 
tract are  released  by  an  assignment  of  the  contract  and  the  grant  of  an  exten- 
sion of  time  .to  the  contractors. — Id.  See  Act  17  of  1915,  sections  598-600. 

SIXTH :  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims  even  though  they  are  rot  strictly  legal  demands 
against  it. — Stockdale  v.  School  Dist.,  47  /  226.  The  provision  that  no  land 
shall  be  taxed  for  the  building  of  schoolhouses,  unless  some  portion  thereof 
shall  be  within  2V-  miles  of  the  schoolhouse  site,  does  not  apply  to  a  graded 
school  district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  437. 

SEVENTH :  Equitable  claims. — See  notes  to  subdivision  sixth.  Certain 
charts,  etc.,  held  not  to  be  necessary  appendages,  such  as  the  director  is 
required  to  furnish. — Gibson  v.  Sch.  Dist.,  36  /  404  ;  Publishing  House  v.  School 
Dist.,  94  /  265.  A  school  district  has  no  power  to  levy  a  tax  except  for  the 


GENERAL  SCHOOL  LAWS.  27 

. — 

tirposes    specified    by    statute. — Hinman    v.    Sch.    Dist.,   4  / 168.      See    section 
6,   subdivision   6. 

ELEVENTH :  Tappan  v.  Sch.  Dist.,  44  /  500.  The  district  board  has 
ower  to  contract  with  a  qualified  teacher  for  such  term  during  the  ensuing 
ear  as  shall  bo  determined  by  the  qualified  voters  of  the  district  at  the 
iinual  school  meeting. — Cleveland  v.  Amy.  88/374;  Moiles  v.  Watson, 
0  /  417.  In  exorcising  the  discretion  vested  in  the  voters  of  a  school  district 
)  discontinue  school  for  a  year,  the  school  hoard  are  bound  to  furnish  trans- 
ion  and  may  determine  the  amount  to  be  paid.  The  performance  of  such 
uty  may  be  enforced  by  mandamus. — Dennis  v.  Wrigley,  175  /  621.  Where 
oters  of  a  district  have  voted  to  discontinue  school  and  send  the  children  to 
ii  adjoining  district,  at  an  annual  or  special  meeting  cannot  rescind  the  action 
t  a  subsequent  meeting  and  reopen  the  school  for  the  ensuing  period. — Meek 
.  Carpenter,  178  /  547. 

MISCKLLANKolS  :  Gibson  v.  Sch.  Dist.,  36/404.  Where  a  board  of 
duration  erects  a  school  building  in  such  manner  that  ice  and  snow  must 
ie\itably  slide  from  the  root"  into  plaintiffs  premises,  there  being  no  sufli 
ient  harrier  to  prevent,  and  fails,  after  notice,  to  remedy  the  defect,  it  may 
e  held  liable  to  him  for  injuries  sustained  in  falling  upon  ice  so  precipi- 
ated,  the  trespass  being  the  proximate  cause  of  the  injury  .—Ferris  v.  Board 
f  Education  of  Detroit,  122  /.315.  The  neglect  or  refusal  of  the  electors 
t"  u  township  to  vote  the  amounts  necessary  to  be  raised  for  township  and 
eh.iol  purposes  is  sufficiently  shown,  within  the  statutes  authorizing  the 
ownship  board  and  the  board  of  education,  respectively,  to  vote  the  same 
n  such  case,  by  a  recital  in  the  resolutions  of  the  several  boards  voting  such 
axes,  that  the  attention  of  the  electors  present  at  the  annual  meeting  was 
ailed  to  the  matter  of  voting  upon  sucti  questions,  and  that  they  failed, 
leglected,  and  refused  to  vote  such  sums  as  were  necessary. — Weston  Lum- 
»IT  Co.  v.  Township  of  Munising,  123 /- 138.  Where  the  legislature  divides 
i  district  and  provides  for  a  distribution  of  property,  the  new  district  is  not 
•ntitled  to  share  in  primary  school  interest  fund  at  the  following  apportion- 
nent,  though  based  upon  reports  of  previous  year.  A  district  which  does 
iot  maintain  school  for  at  least  three  months  (now  five  months)  is  not 
ntitled  to  share  in  apportionment  of  primary  school  interest  fund. — Decker- 
.ille  Sch. .61  District  v.  District  No.  3  of  Marion,  131/272.  A  school  dis 
rict  which  had  provided  by  resolution  for  the  seating  of  a  schoolhouse  is 
•stopped  tit  question  the  validity  of  a  contract  signed  by  the  director  only, 
>\here  other  officers  paid  the  freight  bills  and  the  seats  had  been  in  use  fifteen 
months. — Jones  v.  Sch.  Dist.  No.  3  of  losco,  110/363.  District  board  bought 
furniture1.  At  following  annual  meeting  voters  made  no  objection.  Held  a 
ratitication  of  the  contract  though  act  of  board  was  not  authorized. — Haney 
Sch.  Fur.  Co.  v.  Sch.  District  No.  1  of  Crystal  Lake  Twp.,  133/241. 

hool   district    cannot    appropriate    surplus   one   mill    tax    to   general   purpose 

fore   end   of   year.      Bonhagol  v.    Sch.    Bd.   of  Dist.    No.   1,   Bronson   &  Bethel 
134  /  455. 


CHAPTER  III. 

DISTRICT  BOARD  AND   OFFICERS. 

i4<;  i      $  nwis.     SECTION  1.     At  the  first  meeting  in  each  Election   of 
school  district  there  shall  be  elected  by  ballot  a  moderator  office™* 
for  the  term  of  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  on  the  expiration  of  their  respec-   Term  of 
live  terms  of  otlice,  and  regularly  thereafter  at  the  annual   offlce- 
meetings,   their   several    successors   shall   be  elected  in  like 
manner  for  a  term  of  three  years  each.    The  time  intervening 
between  the  lirst  meeting  in  any  school  district  and  the  first 

inual  meeting  thereafter  shall  he  reckoned  as  one  year. 

1  (',.-,.   1-    A    V.toi,   (I   §  5668-5758,  C.  L.  1915),  changes  the  word 
to    treasurer.      See    section    ."»!. 

ICKUS  :  The  otlic.-rs  ..f  a  primary  school  district  consist  of  a  modera- 
,  director  and  assessor.  These  officers  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  imr  rights,  but  are  strictly  confined  to 
ch  as  are  conferred  upon  them  by  statute;  and  as  no  compensation  for 
ir  official  services  has  been  prorided  [as  the  law  stood  prior  to  1859]  or 
any  manner  authorized  by  statute,  none  can  he  legally  claimed  or  recov- 
il. — Ilinman  v.  Sch.  Dist.,  4  /  H'.x.  The  provisions  relative  to  the  elec- 
tion of  school  district  officers  by  ballot  are  mandatory;  but  where  they  were 
unanimously  chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and 
ted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 


Hler 

g 


acted  and   n 


28 


STATE  OF  MICHIGAN. 


missed. — People  v.  Qartland,   75  /  143.     Parol  evidence  Is  admissible  to  «hoir 
who  are  the  district  officers. — Crane  v.  Sch.  Dist.,  61  /  290. 

BALLOT :  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  is  an  election,  and  cannot  be  repeated.  There  can  be  no 
"informal"  ballot. — People  v.  Stone,  78  /  635  ;  Sch.  Dist.  v.  Root,  61  /  373. 


When  school 
district  office 
deemed 
vacant. 


Vacancies, 
how    filled. 


Term  of 
office. 


Officers,    who 
eligible. 


Proviso, 
husband  and 
wife. 


Publisher's 
agent. 


(47)  §  5669.      SEC.  2.      A    school    district    office    shall 
become  vacant  immediately  upon  any  of  the  following  events : 

First,  The  death  of  the  incumbent; 

Second,  His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  .conviction  of  any  infamous  crime ; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law ; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  dis- 
trict ; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting,  at 
the  expiration  of  which  period  the  board  of  school  inspectors 
shall  appoint  such  successor. 

(48)  §  5670.     SEC.  3.     In  case  any  one  of  the  district 
offices  becomes  vacant,  the  two  remaining  officers  shall  imme- 
diately fill  such  vacancy;  or  in  case  two  of  the  offices  become 
vacant,  the  remaining  officer  shall  immediately  call  a  special 
meeting  of  the  district  to  fill  such  vacancies;  in  case  any 
vacancy  is  not  filled  as  herein  provided  within  twenty  days 
after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a  dis- 
trict shall  become  vacant,  the  township  board  of  the  town- 
ship to  which  the  annual  reports  of  such  district  are  made 
shall  fill  such  vacancies.     Any  person  elected  or  appointed 
to  fill  a  vacancy  in  a  district  office  shall  hold  such  office  until 
the  next  succeeding  annual  meeting,  at  which  time  the  voters 
of  the  district  shall  fill  such  office  for  the  unexpired  portion 
of  the  term. 

Johnston   v.   Mitchell,    120/589. 

(49)  §  5671.     SEC.  4.    Any  qualified  voter  in  a  school  dis- 
trict whose  name  appears  on  the  assessment  roll  and  who  is 
the  owner  in  his  own  right  of  the  property  so  assessed,  shall 
be  eligible  to  election  or  appointment  to  office  in  such  school 
district:     Provided,  That  where  a  husband  and  wife  own 
property  jointly,  regardless  of  the  name  which  appears  on 
the  assessment   role,   if   otherwise  qualified,   each   shall   be 
eligible  to  election  or  appointment  to  school  office.    It  shall 
be  illegal  for  any  member  of  the  district  board  to  act  as 
agent  for  any  author,  publisher  or  seller  of  school  books  or 
school  apparatus,  or  to  receive  any  gift  or  reward  for  his 
influence  in  recommending  the  purchase  or  use  of  any  school 


Accep 

of  offi< 


tance 
CP. 


GENERAL  SCHOOL  LAWS. 

or  apparatus  in  the  state  of  Michigan.  It  shall  be^tre0fal 
illegal  for  any  member  of  the  district  board  to  perform  any 
labor,  except  as  provided  in  this  act,  or  furnish  any  material 
or  supplies  for  the  school  district  in  which  he  is  an  officer, 
and  he  shall  not  be  personally  interested  in  any  way  what- 
ever directly  or  indirectly  in  any  contract  with  the  district 
in  which  he  holds  office.  Any  act  herein  prohibited,  if  per-  Penalty, 
formed  by  any  such  school  officer,  shall  be  deemed  a  misde- 
meanor, and  he  shall  be  liable  to  the  punishment  provided 
for  such  offense  in  accordance  with  the  statute  in  such  case 
made  and  provided. 

(50)  §  5672.     SEC.  5.     Within  ten  days  after  their  elec- 
tion or  appointment,  the  several  officers  of  each  school  district 
shall  file  with  the  director  written  acceptances  of  the  office 
to  which  they  have  been  respectively  elected  or  appointed, 
accompanied  by  an  affidavit,  properly  acknowledged,   that 
they  are  qualified  voters,  that  their  name  appears  on  the 
assessment  roll,  and  that  they  are  the  owners  in  their  own 
right  of  the  property  so  assessed,  and  such  acceptances  and 
affidavits  shall  be  entered  in  the  records  of  the  district  by 

said  director.    The  affidavit  herein  required  may  be  executed  Affidavit, 
before  any  officer  authorized  under  the  laws  of  the  state  to 
take  acknowledgments  or  before  the  senior  officer  of  the  dis- 
trict board  in  that  particular  district. 

(51)  §  5G73.    SEC.  6.    The  moderator,  director,  and  treas-  District 
urer  shall  constitute  the  district  board.     Meetings  of  the 
board  may  be  called  by  any  member  thereof  by  serving  on  the  mav  be 
other  members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is 

to  take  place;  and  no  act  authorized  to  be  done  by  the  dis- 
trict board  shall  be  valid  unless  voted  at  a  meeting  of  the 
board.    A  majority  of  the  members  of  the  board  at  a  meeting  Quorum 
thereof  shall  be  necessary  for  the  transaction  of  business. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board. — 
Hazen  v.  Lerche,  47  /  626.  A  school  teacher  can  be  employed  only  by  the 
action  of  a  district  board  at  a  meeting  of  the  board.  Parol  evidence  is  not 
admissible  to  show  that  the  record  of  the  .meeting  made  by  the  directors  Is 
not  true. — Cowley  v.  Sch.  Dlst.  No.  3,  HarrlsvlUe,  130  /  634. 

(52)  §  5G74.     SEC.  7.    The  said  district  board  shall  pur- 
chase a  record  book  and  such  other  books,  blanks  and  sta- 
tionery as  may  be  necessary  to  keep  a  record  of  the  proceed-  books» etc 
ings  of  the   district   meetings   and   of  the   meetings   of   the 
board,  the  accounts  of  the  treasurer,  and  for  doing  the  busi- 
ness of  the  district  in  an  orderly  manner. 

Officers  having  charge  of  school  records  are  required  to  furnish  proper 
facilities  for  the  examination  or  copying  of  the  same.  See  Act  No.  76,  P.  A. 
1903,  ({  3448,  C.  L.  1915.) 

Bee  School  Dlfit.  v.  Snail,  24  /  353. 


30 


STATE  OF   MICHIGAN. 


Board  to 
purchase,  etc. 
site,  and 
build,  etc., 
schoolhouse. 


Necessity  of 
title  or  lease 
to  site  before 
building 
schoolhouse. 


Running 
expenses, 
taxes  voted 
for. 


Accounting. 


Proviso. 


Assessment, 


(53)  §  5675.     SEC.  8.     The  district  board  shall  purchase 
or  lease,  in  the  corporate  name  of  the  district,  such  sites  for 
school-houses  as  shall  have  been  lawfully  designated,  and 
shall  build,  hire,  or  purchase  such  school-houses  as  may  be 
necessary  out  of  the  fund  provided  for  that  purpose,  and 
make  sale  of  any  site  or  other  property  of  the  district  when 
lawfully  directed  by  the  qualified  voters;  but  no  district  in 
any  case  shall  build  a  stone  or  brick  school-house  upon  any 
site  without  having  first  obtained  a  title  in  fee  to  the  same, 
or  a  lease  for  ninety-nine  years;  nor  shall  any  district  build 
a  frame  school-house  on  any  site  for  which  they  have  not  a 
title  in  fee  or  a  lease  for  fifty  years,  without  securing  the 
privilege  of  removing  the  said  school-house  when  lawfully 
directed  so  to  do  by  the  qualified  voters  of  the  district  at 
any  annual  or  special  meeting,  when  lawfully  convened. 

TITLE  IN  FEE  :  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law. — Sch.  Dist.  v.  Everett,  52  /  314. 

LEASES :  Schoolhouse  on  leased  land  belongs  to  district  and  may  be 
removed  within  reasonable  period. — Hay  ward  v.  Sch.  Dist.,  139  /  539.  Without 
due  notice  of  proposed  action  at  an  annual  meeting,  the  school  board  could  not 
change  a  site  and  place  a  schoolhouse  on  property  which  had  not  been  leased 
or  conveyed  to  the  board. — Calkins  v.  Rice,  170/234. 

(54)  §  5676.      SEC.  9.      The   district   board    shall   have 
authority  to  vote  such  taxes  as  may  be  necessary  for  the 
regular  running  expenses  of  the  school,  which  shall  include 
school  furnishings  and  all  appurtenances,  the  care  of  school 
property,    teachers'    wages,    water    supply,    premium    upon 
indemnity  bond  for  the  treasurer  of  the  district,  transporta- 
tion of  the  pupils,  record  books  and  blanks,  and  all  apparatus 
and   material  which  may  be  necessary  in   order  that   the 
schools  may  be  properly  managed  and  maintained,  and  for 
deficiencies  in  such  funds  for  the  preceding  year,  if  any,  and 
for  the  services  of  district  officers.    All  such  taxes  when  col- 
lected and  received  shall  be  accounted  for  under  the  title  of 
"general  fund;"  all  primary  money  shall  be  accounted  for 
under  the  title  of  "primary  fund:"    Provided,  That  the  tax 
for  the  services  of  district  officers  herein  provided  for  in  dis- 
tricts having  less  than  fifty  children  shall  not  exceed  twenty- 
five  dollars,  and  in  districts  having  between  fifty  and  one 
hundred  children  the  tax  shall  not  exceed  fifty  dollars,  the 
amounts  to  be  allowed  for  such  services  to  be  determined  by 
the  electors  at  the  annual  meeting.     When  the  taxes  herein 
provided  for  have  been  estimated  and  voted  by  the  district 
board,  they  shall  be  reported  for  assessment  and  collection 
the  same  as  other  district  taxes.     When  any  tax  has  been 
estimated  and  voted  by  the  district  board  or  by  the  district 
under  the  provisions  of  law,  and  the  money  is  needed  before 
it  can  be  collected,  the  district  board  may  borrow  on  the 
strength  of  such  a  tax  a  sum  not  exceeding  the  total  of  such 
tax. 


GENERAL  SCHOOL  LAWS.  31 

(55)  §  5677.     SEC.  10.     The  district  board,  or  board  of  ^chhe®°{0board' 
education,  shall,  between  the  second  Monday  in  July  and  the   report  taxes 
first  Monday  in  August  in  each  year,  make  out  and  deliver 

to  the  township  clerk  of  each  township  in  which  any  part  of 
the  district  is  situated,  a  report  in  writing  under  their  hands 
of  all  taxes  voted  by  the  district  during  the  preceding  year, 
and  of  all  taxes  which  said  board  is  authorized  to  impose,  to 
be  levied  on  the  taxable  property  of  the  district. 

(56)  §  5678.     SEC.  11.     The    district   board   shall   apply  School  money, 
and  pay  over  all  school  moneys  belonging  to  the  district  in  aocfl 
accordance  with  the  provisions  of  the  law  regulating  same, 

and  no  moneys  received  from  the  primary  school  fund  shall 
be  appropriated  to  any  other  use  than  the  payment  of  teach- 
ers' wages,  tuition  and  transportation  of  children  as  pro- 
vided by  law,  and  no  part  thereof  shall  be  paid  to  any  teacher 
who  shall  not  have  received  a  certificate  of  qualification  from 
proper  legal  authority  before  the  commencement  of  his 
school.  No  school  district  shall  apply  any  of  the  moneys 
received  by  it  from  the  primary  school  interest  fund  or  from 
any  and  all  other  sources  for  the  support  and  maintenance 
of  any  school  of  a  sectarian  character,  whether  the  same  be 
under  the  control  of  any  religious  society  or  made  sectarian 
by  the  school  district  board. 

Proof   of  qualification.— Sch.   Dist.   v.    Cook,   47/112. 

(57)  §  5670.     SEC.  12.     Said  board  shall  present  to  the 
district,  at  each  annual  meeting,  a  report  in  writing,  contain-   reports, 
ing   an   accurate   statement   of   all   moneys   of  the  district 
received  by  them,  or  any  of  them,  during  the  preceding  year, 

and  of  the  disbursements  made  by  them,  with  the  items  of 
such  receipts  and  disbursements.  Such  report  shall  also  con-  Contents  of. 
tain  a  statement  of  all  taxes  assessed  upon  the  taxable  prop- 
erty of  the  district  during  the  preceding  year,  the  purposes 
for  which  sucl:  taxes  were  assessed,  and  the  amount  assessed 
for  each  particular  pin-pose,  and  said  report  shall  be  entered 
!»y  the  director  in  the  records  of  the  district. 

i.")S)      §  r><;so.     SKC.  13.     The  district  board  shall  hire  and   B™^ 
contract  with  such  duly  (qualified  teachers  as  may  be  required ;   teachers, 
and  all  contracts  shall  be  in  writing  and  signed  by  a  major-   Cqntracts. 
ity  <>t   the  board   in  behalf  of  the  district.       Said"  contracts    School 
shall  specify  the  wages  agreed  upon  and  shall  require  the   tie  kept!  ° 
teacher  to  keep  a  correct  list  of  the  pupils,  grading  and  the 
age  of  each,  attending  the  school,  and  the  number  of  days 
each  i>ii]>il  is  present,  the  ?« <r«r rebate  attendance,  average  daily 
attendance  and  percentage  of  attendance,  and  to  furnish  the 
director  with  a  correct  copy  of  the  same  at  the  close  of 
school.     Said  contract  shall  be  filed  with  the  director  and  a   Contract  to 
duplicate   copy   of,  the  contract  shall   be  furnished    to   the  l 
teacher.     No  contract  with  any  person  not  holding  a  legal 


32 


STATE  OF  MICHIGAN. 


Teacher  must    certificate  of  qualification  then  authorizing  such  person  to 
certificate.        teach  shall  be  valid,  and  all  such  contracts  shall  terminate 
if  the  certificate  shall  expire  by  limitation  and  shall  not  imme- 
diately be  renewed,  or  if  it  shall  be  suspended  or  revoked 
m°ntb    ^J  Pr°Per  legal  authority.    A  school  month  within  the  mean- 
ing of  the  school  laws  shall  consist  of  four  weeks  of  five  days 
in  each  week,  unless  otherwise  specified  in  the  teacher's  con- 
tract. 


HIRE  AND  CONTRACT  :  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract. — Wall  v.  Eastman,  1  /  270.  A  teacher  can  be 
lawfully  employed  only  by  convening  the  board. — Hazen  v.  Lerche,  47  /  626. 
Contracts  may  be  made  befrvre  bpginning  of  the  school  year. — Sch.  TMst.  v. 
Cook,  47  /  112  ;  Tappan  v.  Sch.  Dist.,  44  /  500  ;  Cleveland  v.  Amy,  88  /  376  ; 
Farrell  v.  Sch.  Dist..  98  /  45.  The  power  to  employ  teachers  conferred  npon 
district  boards  of  primary  schools  by  this  section  is  co-extensive  with  that 
conferred  upon  the  boards  of  trustees  of  graded  schools  by  section  122. 
— Id.  376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the 
moderator  wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such 
approval  and  signature  was  treated  as,  in  legal  effect,  a.  signing  of  the  con- 
tract.— Everett  v.  Sch.  Dist.,  30/249.  Whpn  the  contract  is  signed  by  a 
majority  of  the  board  only. — Crane  v.  Sch.  District.  61  /  299.  Simultaneous 
signing  is  not  necessary. — Holloway  v.  Sch.  Dist.,  62  / 155  ;  Everett  v.  Sch. 
Dist.,  30  /  249.  It  is  the  business  of  school  districts  to  keep  up  public 
schools,  and  it  is  the  duty  of  the  officers  to  provide  teachers  and  to  make 
contracts  with  them.  It  is  their  duty  to  know  under  what  conditions  a 
teacher,  whom  they  know  to  be  teaching,  claims  to  act. — Holloway  v.  Sch. 
Dist.,  62  /  155.  A  teacher  has  a  right  to  suppose  his  contract  to  be  a  valid 
one  when  it  is  signed  by  a  sufficient  number  of  officers  and  he  is,  with  the 
personal  knowledge  of  the  whole  board,  permitted  and  encouraged  to  go  on. 
— Id.  156.  A  contract  valid  on  its  face,  actually  carried  out  in  full  with  the 
aequlpscenee  of  all  concerned,  cannot  be  subsequently  repudiated. — Id.  The 
provision  that  the  contract  shall  mraire  the  tepohpr  to  keep  a  list  of  the 
pupils,  etc.,  is  merely  directory.  Its  omission  will  not  invalidate  the  con- 
tract.— Everett  v.  Sch.  Dist..  30  /  249.  A  district  school  board  cannot  dis- 
charge a  teacher  for  incompetency.  in  the  absence  of  a  provision  to  that 
offect  inv  the  contract. — Carver  v.  Sch.  D1st..  113  /  524.  Where  a  contract 
has  been  terminated  by  the  board,  mandamus  will  not  He  to  review  the 
board's  action  and  compel  paymont  of  salary  claimed  under  the  contract. — 
Toffin  v.  Detroit  Bd.  of  Ed.,  114/342:  Langston  v.  Sch.  Dist.  No.  3  of 
Snringwells,  121  /  654.  A  resolution  to  hire  does  not  constitute  a  contract. 
All  contracts  must  be  in  writing. — Langston  v.  Sch.  Dist.  No.  3  of  Spring- 
wells,  121  /  654. 

QUALIFIED  TEACHER :  A  teacher  suing  for  his  wages  need  not  make 
profert  of  his  certificate,  but  the  granting  of  It  may  be  proved  by  parol. — 
Sch.  Dist.  v.  Cook,  47  /  112.  Normal  school  certificate  not  filed  or  recorded 
in  the  proper  office  (see  How.  4969)  until  after  contract  made. — Smith  v. 
Sch.  Dist.,  69/591.  Since  the  statute  makes  invalid  a  contract,  where  the 
teacher  holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of 
a  recovery  of  salary. — Bryan  v.  Sch.  Dist..  Ill  /  67. 

HOLIDAYS  AND  INTERRUPTIONS  :  Teaching  contracts  for  stated  periods 
are  subject  to  the  observance  of  recognized  holidays  and  there  can  be  no 
deductions  for  such  occasions  from  a  teacher's  wages. — Sch.  Dist.  v.  Gage, 
39  /  484  ;  Holloway  v.  Sch.  Dist.,  62  /  156.  Suspension  of  school  during  the 
prevalence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's  wages 
for  the  time  the  school  is  closed. — Dewey  v.  Sch.  Dist.,  43  /  480.  Payment 
of  waees  after  the  burning  of  the  schoolhouse. — Smith  v.  Sch.  Dist..  69/589. 

CONTRACTS :  Under  this  section,  providing  that  school  teachers'  con- 
tracts shall  be  in  writing,  and  signed  by  a  majority  of  the  district  board,  and 
shall  specify  the  wages,  etc.,  a  resolution  of  a  school  board  authorizing  the 
employment  of  a  specified  person,  though  .supplempnted  by  conversations 
between  such  person  and  individual  members  of  the  board  in  respect  to  the 
terms  of  employment,  and  by  the  action  of  the  person  designated  in  appear- 
ing at  the  school  at  the  opening  of  the  term,  and  teaching  for  two  days 
without  objection,  does  not  constitute  a  contract  of  hiring  binding  upon  the 
district. — Langston  v.  Sch.  Dist.  No.  3  of  Springwells  Twp..  121  /  654. 
Under  a  teacher's  contract  providing  that  she  should  teach  certain  terms  at 
a  stipulated  salary  "providing  satisfaction  is  given  to  the  school  board"  the 
board  had  a  right  to  say  whether  she  should  teach  the  spring  term,  and 
she  having  been  notified  of  their  determination  not  to  employ  her  before 
the  time  for  the  term  to  commence  she  could  not  recover  her  salary  though 
before  notice  she  had  taught  one  day  under  a  claim  that  the  spring  term 
had  begun. — Kingston  v.  Sch.  Dist.  No.  5,  Decatur  Twp.,  140  /  603.  When 
a  teacher's  contract  provides  that  it  may  be  terminated  on  thirty  days' 
notice,  a  notice  to  terminate  is  effectual  though  given  before  the  commence- 
ment of  service  and  it  is  within  the  powers  of  the  board  of  education  to 
make  such  contract. — Dees  v.  Board  of  Education  of  Detroit,  146  /  64.  Under 
the  above  section,  requiring  all  contracts  by  school  district  boards  with 


GENERAL  SCHOOL  LAWS. 


teachers  to  be  In  writing,  an  oral  contract  with  a  teacher  to  continue  the 
school  for  a  month,  after  the  expiration  of  his  written  contract  is  not  enforce- 
able though  such  teacher  has  performed  the  services. — Hutchins  v.  School 
District  No.  1  of  Colfax  Township,  128/177. 

CONTRACTS  AND  QUALIFIED  TEACHERS:  A  contract  between  a 
teacher  and  a  graded  school  district  is  invalid,  unless  the  teacher,  at  the 
time  of  making  the  contract  has  the  certificate  required  by  section  281. 
authorizing  her  to  teach  during  the  term  covered  by  the  contract ;  obtaining 
a  certificate  after  the  making  of  the  contract,  and  before  the  commencement 
of  school,  is  not  a  compliance  with  the  statute. — McCloskey  v.  Sch.  Dist.  No. 
5,  Wheatland,  134/235. 


(59)  §  5681.  SEC.  14.  The  district  board  shall  provide 
a  water  supply  for  pupils,  have  the  care  and  custody  of  the 
school  house  and  other  property  of  the  district,  except  so  far 
as  the  san^  iiall  by  vote  of  the  district  be  especially  con- 
fided to  the  custody  of  the  director,  including  all  books  pur- 
chased for  the  use  of  indigent  pupils,  and  shall  open  the 
school  house  for  public  meetings  unless  by  a  vote  at  a  district 
meeting  it  shall  be  determined  otherwise:  Provided,  That 
said  board  may  exclude  such  public  meetings  during  the  five 
school  days  of  each  week  of  any  and  all  school  terms,  or  such 
parts  thereof  as  in  their  discretion  they  may  deem  for  the 
best  interest  of  the  schools. 

The  board  haH  the  care  and  custody  of  all  the  property  and  moneys  of 
the  district,  except  what  may  be  especially  confided  to  the  director. — Maynard 
v.  Woodward,  36/424;  Ekhardt  v.  Darby,  118/199. 


Care  and  use 
of  school- 
house. 


Board  may 
exclude  public 
meetings  at 
certain  times. 


Branches  of 
instruction. 


(60)  §  5682.  SEC.  15.  In  addition  to  the  branches  in 
which  instruction  is  now  required  by  law  to  be  given  in  the 
public  schools  of  the  state,  instruction  shall  be  given  in 
physiology  and  hygiene,  with  a  special  reference  to  the  nature 
of  alcohol  and  narcotics,  and  their  effects  upon  the  human 
system.  Such  instruction  shall  be  given  by  the  aid  of  text- 
books in  the  case  of  pupils  who  are  able  to  read,  and  as 
thoroughly  as  in  other  studies  pursued  in  the  same  school. 
The  text-books  to  be  used  for  such  instruction  shall  give  at  Text-books, 
least  one-fourth  of  their  space  to  the  consideration  of  the 
nature  and  effects  of  alcoholic  drinks  and  narcotics,  and  the 
books  used  in  the  highest  grade  of  graded  schools  shall  con- 
tain at  least  twenty  pages  of  matter  relating  to  this  subject. 
Text  hooks  used  in  giving  the  foregoing  instruction  shall  first 
1  •••  Approved  by  the  state  board  of  education.  Each  school 
board  making  a  selection  of  text-books  under  the  provisions 
of  this  act  shall  make  a  record  thereof  in  its  proceedings, 
and  text-books  once  adopted  under  the  provisions  of  this  act 
shall  not  be  changed  within  five  years,  except  by  the  consent 
of  a  majority  of  the  qualified  voters  of  the  district  present  at 
an  annual  meeting  or  at  a  special  meeting  called  for  that 
purpose.  The  district  board  shall  require  each  teacher  in  the 
public  schools  of  such  district,  before  placing  the  school  reg- 
ister in  the  hands  of  the  directors,  as  provided  in  section 
thirteen  of  this  act,  to  certify  therein  whether  or  not  instruc- 
tion has  been  given  in  the  school  or  grade  presided  over  by 
such  teacher  as  required  by  this  act,  and  it  shall  be  the  duty 
of  the  director  of  the  district  to  file  with  the  township  clerk 


Teacher  to 
certify. 


34 


STATE  OF  MICHIGAN. 


Penalty. 


Application 


Appiic 
of  act. 


Purchase  of 
books  for 
poor  children. 


Board  to 
establish 
rules  for 
schools. 


May  suspend 
or  expel 
disorderly 
pupils. 

Penalty  for 

disturbing 

school. 


a  certified  copy  of  such  certificate.  Any  school  board  neg- 
lecting or  refusing  to  comply  with  any  of  the  provisions  of 
this  act  shall  be  subject  to  fine  or  forfeiture  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  its  office.  This  sec- 
tion shall  apply  to  all  schools  in  the  state,  including  schools 
in  cities  or  villages  whether  incorporated  under  special  char- 
ter or  under  the  general  laws. 

Western  Pub.  House  v.  Sch.  Dist..  94  /  265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an  annual 
school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power  to 
adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule  of 
the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions  and 
resolutions. — Id.  347.  As  to  suspension  of  by-law  regulating  adoption  of 
text-books,  see  Kendall  v.  Board  of  Education,  106  /  681. 

TEXT-BOOKS :  The  provision  of  the  law  that  text-books  once  adopted 
shall  not  be  changed  within  five  years,  was  designed  to  protect  the  public 
and  not  for  the  benefit  of  book  publishers.  A  resolution  of  the  board  direct- 
ing the  purchase  of  a  specified  number  of  text-books  for  use  in  the  school 
constituted  an  adoption  of  that  book.  The  five  years  began  to  run  from 
the  date  of  such  resolution,  not  from  the  time  the  books  were  completely 
installed  in  the  school.  The  provisions  of  the  statute  that  all  text-books 
shall  be  uniform  on  any  one  subject,  requires  uniformity  in  the  books  used 
in  the  same  grade  only,  and  does  not  require  that  all  text-books  used  in  the 
different  grades  on  the  same  subject  shall  be  of  the  same  series.  A  resolution 
of  the  board  to  purchase  certain  text-books  for  "supplementary  use"  shows 
no  intention  to  adopt,  and  is  illegal  and  void. — Att'y  Gen.  ex.  rel.  Marr  v. 
Bd.  Edu.  Detroit.  133  /  681.  Under  the  local  act  creating  it  (Act  233  of  1869) 
the  Detroit  board  of  education  cannot  buy  school  books  for  high  school  students 
and  sell  them  at  cost. — Attorney  General  v.  Board  of  Education,  175  /  438. 

(61)  §  5683.     SEC.  16.    The  district  board  may  purchase 
at  the  expense  of  the  district,  such  text-books  as  may  be  nec- 
essary for  the  use  of  children  when  parents  are  not  able  to 
furnish  the  same,  and  they  shall  include  the  amount  of  such 
purchase  in  the  report  to  the  township  clerk  or  clerks,  to  be 
levied  in  like  manner  as  other  district  taxes. 

(62)  §  5684.     SEC.  1.7.     The  district  board  shall  have  the 
general  care  of  the  school,  and  shall  make  and  enforce  suit- 
able rules  and  regulations  for  its  government  and  manage- 
ment, and  for  the  preservation  of  the  property  of  the  district. 
Said  board  may  authorize  or  order  the  suspension  or  expul- 
sion from  the  school,  whenever  in  its  judgment  the  interests 
of  the  school  demand  it,  of  any  pupil  guilty  of  gross  mis- 
demeanor or  persistent  disobedience.    Any  person  who  shall 
disturb  any  school  by  rude  and  indecent  behavior,  or  by  pro- 
fane or  indecent  discourse,  or  in  any  other  way  make  such 
disturbance,  shall,  on  conviction  thereof,  be  punished  by  a 
fine  not  less  than  two  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days. 

EXPULSION  :  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
must  be  gross — something  more  than  a  petty  or  trivial  offense  against  the 
ruleS — or  he  must  be  persistent  in  his  disobedience  of  the  proper  and  reason- 
able rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
malicious. — Holman  v.  Sch.  Di'st.,  77  /  609. 

MISDEMEANOR  :  The  meaning  of  the  word  "misdemeanor"  in  this  sec- 
tion is  gross  misconduct  or  gross  misbehavior,  not  necessarily  a  criminal  act, 
—Holman  v.  Sch.  Dist..  77  /  606-7. 

The  ruling  of  the  school  board  of  1894  required  all  children  to  be  vac- 
cinated before  attending  tho  public  school.  George  Mathews,  having  three 
children  of  school  age,  who  had  not  been  vaccinated,  brought  mandamus  pro- 
ceedings in  the  circuit  court  to  compel  the  school  board  to  admit  the  chil- 


GENERAL  SCHOOL  LAWS. 


35 


dren  to  the  public  school.  Held,  that  school  board  under  this  section  had  no 
authority  to  compel  children  to  be  vaccinated  before  entering  public  school. 
It  is  the  opinion  of  the  court,  however,  that  in  case  there  had  been  an  epi- 
demic of  smallpox  in  the  city  at  that  time  the  board  would  have  the  authority 
to  temporarily  close  the  school,  or  say  who  shall  be  excluded  from  the  school 
until  the  epidemic  is  passed.  A  school  district  board,  by  virtue  of  the  author- 
ity conferred  on  it  by  statute  to  enact  rules  for  the  management  of  the  schools, 
has  no  power  to  adopt  a  general,  continuing  rule,  operative  without  regard 
to  varying  conditions,  excluding  from  the  schools  all  pupils  who  have  M,,t  |,e<-n 
vaccinated.  Math. -us  v.  Kalama/.oo  Hoard  of  Education.  Iii7  /  ~t'.\". 

KILKS.      A    he, anl    of    education    under    authority    of    the    statute    has    power 
to    make    rules    requiring   children    to    ^o    directly    home    after    school.      A    prin- 
cipal    is    not    liable    f..r    damages    who    enforces    such    a    rule. — Jones    v.    Cod\ 
132  /  i::. 


Mi;>)  §  5085.  SK<'.  IS.  All  persons  residents  of  any 
school  district,  and  live  years  of  a«;e,  shall  have  an  equal  right 
to  attend  any  school  therein:  and  no  separate  school  or 
department  shall  be  kept  for  any  persons  on  account  of  race 
or  color:  Provided,  That  This  shall  not  be  construed  to  pre- 
vent the  grading  of  schools  according  to  the  intellectual  prog- 
ress of  the  pupil,  to  be  taught  in  separate  places  as  may  be 
deemed  expedient. 


Who  can  at- 
tend  school. 

No    separate 
school  on 
account  of 
race,  etc. 

Grading  not 
prevented. 


II 


It  is  the  requirement  of  the  general  law  that  the  right  to  attend  the  schools 
shall  be  possessed  equally  and  impartially  by  all  classes  of  residents.  — 
People  v.  Detroit  Bd.  of  Ed.,  18  /  413.  And  mandamus  will  lie  at  the  instance 
of  a  father  to  compel  the  admission  of  his  child  to  school.  —  Id.  But  chil- 
dren. not  bona  lido  residents  of  a  family  in  a  school  district  but  inmates  in 
an  institution  of  a  charitable  nature  in  such  district,  engaged  in  supporting 
and  educating  homeless  and  needy  minors,  and  which  does  not  contribute  by 
paying  taxes  to  the  maintenance  of  district  schools,  are  not  entitled  to  attend 
school  in  a  district  which  has  determined  not  to  admit  non  resident  pupils.  — 
Lake  Farm  v.  Dist.  Bd.  of  Dist.  No.  2,  Kalamazoo  Township,  179  /  171. 

i<»4)  §  5680.  SEC.  19..  The  district  board  may  admit  to 
the  district  school  non  resident  pupils,  and  may  determine  the 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than 
the  average  cost  per  capita  for  the  number  of  pupils  of  school 
age  in  the  district.  Children  who  are  being  cared  for  at 
county  expense  shall  be  admitted  to  the  school  in  the  district 
whose  school  ho  use  is  nearest  the  county  house,  on  the  same 
terms  that  other  non-resident  pupils  are  admitted.  When 
non-resident  pupils,  their  parents  or  guardians,  pay  a  school 
tax  in  said  district,  such  pupils  shall  be  admitted  to  the 
schools  of  the  district,  and  the  amount  of  such  school  tax 
shall  he  credited  on  their  tuition  a  sum  not  to  exceed  the 
amount  of  such  tuition,  and  they  shall  only  be  required  to 
pay  tuition  for  the  difference  therein. 


District 
boards  may 
admit  non- 
resident 
pupils. 


Children  who 
are  a  county 
charge  to  be 
admitted. 


Before  any  action  can  be  maintained  for  the  tuition  of  non- 
resident pupils,  the  district  board  must  first  fix  and  determine  the  rate  of 
tuition  of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the 
director  in  the  records  of  the  district.  —  Thompson  v.  Sen.  Dist.,  25  /  483. 

MODERATOR. 

'.51     §5687.     SEC.  20.     It  shall  be  the  duty  of  the  moder-    Duties. 
a  tor  of  each  school  district  : 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis-    TO  preside 
trict  and  of  the  board  : 

Second,  To  countersign  all  orders  legally  drawn  by  the 
director  upon  the  treasurer  for  moneys  to  he  disbursed  by  the 
district,  and  all  warrants  of  the  director  upon  the  township 


Countersign 
orders,  etc. 


36 


STATE   OF   MICHIGAN. 


When  to 
bring  suit 
on  treas- 
urer's bond. 


treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk ; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 

SECOND  :  Countersigning  orders. — Wall  v.  Eastman,  1  /  268  ;  Sen.  Dist. 
v.  Mallary,  22/111.  The  moderator  has  the  right  to  satisfy  himself  that 
the  claim  for  which  the  order  was  drawn  is  a  valid  one. — Stockwell  v.  White 
Lake  Twp.  Bd.,  22  /  341  ;  People  v.  Bender,  36  / 195.  But  it  must  be  a  very 
plain  case  of  wrong  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  36  / 197.  The  director  is  a 
proper  relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 
Where  an  order  purports  upon  its  face  to  be  issued  by  a  school  district,  and 
is  signed  by  the  school  officers  in  the  ordinary  place  for  signatures,  and  at 
the  left,  in  fine  print,  are  the  words,  "Issued  by  authority  of  the  officers  of 
said  district,  and  payment  guaranteed,"  and  a  space  left  underneath  for  the 
signatures  of  the  guarantors.  Held,  That  the  purchaser  took  the  order  sub- 
ject to  the  authority  of  the  school  district  to  issue.  That  such  school  officers 
are  not  liable  as  guarantors. — Bailey  v.  Tompkins,  127  /  74. 

DIRECTOR. 

(66)  §  5688.  SEC.  21.  It  shall  be  the  duty  of  the  direc- 
tor of  each  school  district : 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the 
district  and  of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meetings, 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other 
proceedings  of  the  board  in  proper  record  books ; 

Third,  To  give  the  prescribed  notice  of  the  annual  district 
meeting,  and  of  all  such  special  meetings  as  he  shall  be 
required  to  give  notice  of  in  accordance  with  the  provisions 
of  law ; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes,  or 
apportioned  to  the  district  by  the  township  clerk,  payable  to 
the  treasurer  of  the  district,  and  orders  upon  the  treasurer 
for  all  moneys  to  be  disbursed  by  the  district,  and  present 
them  to  the  moderator,  to  be  countersigned  by  that  officer. 
Each  order  shall  specify  the  object  for  which  and  the  fund 
upon  which  it  is  drawn; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when 
directed  by  the  district  board,  and  present  them  to  the  other 
members  of  the  board  for  further  signature; 

Sixth,  To  provide  the  necessary  appendages  for  the  school- 
house  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.  Necessary  append- 
ages within  the  meaning  of  the  law  shall  consist  of  the  follow- 
ing articles,  to-wit :  A  set  of  wall  maps,  the  grand  divisions, 
the  United  States  and  Michigan,  not  exceeding  twelve  dollars 
in  price,  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten  dollars,  a  reading  chart  not  exceeding  five  dol- 
lars, and  a  case  for  library  books  not  exceeding  ten  dollars; 
also  a  looking-glass,  comb,  towel,  water  pail,  cup,  ash  pail, 
poker,  stove  shovel,  broom,  dust  pan,  duster,  wash  basin  and 


Director, 
duties. 


To  record 
proceedings. 


Notice  of 
meetings. 


Warrants 
and  orders. 


Teachers' 
contracts. 


Appendages. 


What 
constitutes. 


GENERAL  SCHOOL  LAWS. 


37 


Other 
apparatus. 


To  keep 
accounts. 


Estimate  of 
expenses. 


To  preserve 

reports. 


oap,  and  upon  the  order  of  the  district  board  shall  furnish 
he  schoolhouse  with  such  other  apparatus  as  may  be  neces- 
ary  for  doing  efficient  work ; 

Seventh,  To  keep  an  accurate  account  of  all  expenses 
ncurred  by  him  as  director,  and  such  accounts  shall  be 
udited  by  the  moderator  and  treasurer,  and  on  their  written 
rder  shall  be  paid  out  of  any  money  provided  for  the  purpose ; 
Eighth,  To  present  at  each  annual  meeting  an  estimate  of 
he  expenses  necessary  to  be  incurred  during  the  ensuing 
•ear  by  the  director  as  provided  by  law,  and  for  the  payment 
•f  the  services  of  any  district  officer ; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the 
;chool  inspectors  and  safely  preserve  and  keep  all  books, 
>apers  and  other  documents  belonging  to  the  office  of  director 
>r  to  the  district,  when  not  otherwise  provided  for,  and 
:o  deliver  the  same  to  his  successor  in  office; 

Tenth,  To  perform  such  other  duties  as  are  or  shall  be  other  duties 
Acquired  of  the  director  by  law  or  the  district  board. 

SECOND  :  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
jy  parol. — Thompson  v.  Sch.  Dist.,  25  /  488. 

FOURTH  :  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
aioneys  belonging  to  the  district  is  an  official  order  for  the  transfer  of  funds, 
lot  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named.— 
Fox  v.  Shipman,  19  /  218  ;  Burns  v.  Bender,  36  /  195.  See  Sch.  Dist.  v.  Mal- 
lary,  23/111;  Sch.  Dist.  v.  Sch.  Dist.,  40/551.  The  duty  of  procuring  this 
transfer  of  district  moneys,  within  some  reasonable  time  is  not  discretionary, 
but  absolute,  upon  the  director,  ami  the  moderator  is  bound  to  countersign 
all  orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36  /  197.  The 
township  treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50  /  225.  The  disbursement  of 
all  school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  the  . 
director,  countersigned  by  the  moderator. — Burns  v.  Bender,  36  /  195  ;  Mid- 
land Sch.  Dist.  v.  Sch.  Dist.,  40  /  551  ;  Sch.  Dist.  v.  Mallary,  23  /  111. 

SIXTH:  See  section  46,  subd.  7.  See,  also  Sch.  Dist.  v.  Snell,  24/350; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the 
school  house  in  order  and  repair. — Twp.  Board  of  Hamtramck  v.  Holihan, 
46  /  127. 

I  :  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  dis- 
trict on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass 
upon  the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist , 
100  / 

EIGHTH  :  Prior  to  1859,  no  provisions  of  law  existed  for  paying  any  of 
the  officers  for  services  rendered. — Hinman  v.  Sch.  Dist.,  4  /  168. 

(67)  §  5689.  SEC.  22.  It  shall  be  the  duty  of  all  school 
boards  and  boards  of  education  in  this  state  to  make  an 
annual  school  census  in  their  respective  districts  or  cities  as 
is  provided  in  this  section : 

First,  In  all  school  districts,  except  in  incorporated  cities 
having  a  population  of  three  thousand  or  over,  within  fifteen 
days  next  previous  to  the  first  day  in  June  of  each  year,  the 
director,  or  such  other  reputable  and  capable  person  or  per- 
sons as  the  district  board  may  appoint,  shall  take  the  school 
census  of  the  district  and  make  a  list  in  writing  of  the  names 
and  ages  of  all  the  children  who  are  five  years  of  age,  and 
under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  therein,  the  names  of  said  parents  or  guardians,  giving 
street  and  residence  number  in  villages  and  cities,  in  such 


School 
census, 
annual. 


How  and 

when  taken. 


88 


STATE  OF   MICHIGAN. 


Where  made. 


Compen- 
sation. 


Certain  cities, 
how  census 
taken. 


form  as  the  superintendent-  of  public  instruction  may  pre- 
scribe, and  said  list  shall  be  verified  by  the  oath  or  affirma- 
Affldavit.  tion  of  the  person  taking  such  census,  by  affidavit  appended 
thereto  or  endorsed  thereon,  setting  forth  that  the  person  or 
persons  taking  such  census  made  a  house  to  house  canvass 
of  the  entire  district  or  portion  thereof  canvassed  by  said 
enumerator  and  that  it  is  a  correct  list  of  the  names  of  all  the 
children  between  the  ages  aforesaid  residing  in  the  district. 
Said  affidavit  may  be  made  before  the  township  clerk  or  other 
officer  authorized  by  law  to  take  acknowledgments;  and  said 
verified  census  list  shall  be  returned  with  the  annual  report 
of  the  director  to  the  township  clerk  before  the  first  Monday 
in  August  thereafter.  The  director,  or  other  person  employed 
by  the  board  of  education,  may  receive  as  compensation  for 
taking  said  census,  such  sum  as  the  school  board  may  direct, 
not  exceeding  one  hundred  dollars; 

Second,  In  all  incorporated  cities  or  special  legislative  dis- 
tricts having  a  population  of  three  thousand  or  over,  within 
twenty  days  next  previous  to  the  first  day  in  June  of  each 
year,  the  secretary  of  the  board  of  education,  or  other  rep- 
utable and  capable  person  or  persons  employed  by  the  board 
of  education,  shall  take  the  school  census  of  said  city  as 
follows : 

(a)  The  census  shall  be  taken  and  reported  by  wards; 

(b)  Each  enumerator  shall  make  a  list  in  writing  of  the 
names  and  ages  of  all  children  who  are  five  years  of  age  and 
under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  in  the  ward  or  portion  of  the  ward  allotted  to  said 
enumerator,  together  with  the  names  of  said  parents  or  legal 
guardians,  giving  the  street  and  residence  number  in  each 
case,  said  list  to  be  in  such  form  as  the  superintendent  of 
public  instruction  may  prescribe,  and  it  shall  be  verified  by 
the  oath  or  affirmation  of  the  person  making  the  same,  by 
affidavit  appended  thereto  or  indorsed  thereon,  setting  forth 
that  the  person  or  persons  taking  such  census  made  a  house 
to  house  canvass  of  the  entire  ward  or  portion  thereof  can- 
vassed by  said  enumerator  and  that  it  is  a  correct  list  of  the 
parents  or  legal  guardians,  their  street  and  residence  num- 
ber, the  names  and  ages  of  all  the  children  of  the  ages  afore- 
said residing  in  the  ward  or  part  thereof  as  allotted  to  him ; 

Third,  In  taking  the  census  in  any  school  district  or  city 
the  director  or  enumerators  shall  not  include  in  the  census 
the  names  of  any  child  or  children  in  reformatories  or 
prisons;  nor  the  names  of  any  child  or  children  in  asylums, 
almshouses,  or  other  charitable  institutions  except  as  fol- 
lows: 

(a)  Children  in  such  institutions  who  regularly  attend 
the  public  schools; 

(b)  Orphans  whose  parents  at  the  time  of  death  resided  in 
such  school  district  or  city.    Children  of  either  class  shall  be 
.included  in  the  district  or  ward  where  such  institution  is 


Children    not 
included. 


GENERAL  SCHOOL  LAWS.  39 


I  rated,  except  children  in  class  (a)  where  the  parents  or 
(  ther  of  them,  reside  in  the  city  or  district,  and  in  such  cases 
i  le  legal  residence  of  the  child  is  that  of  the  parent.  Indian 
(  lildren  shall  not  be  included  in  any  census,  unless  they 
;  ttend  the  public  schools,  or  their  parents  are  liable  to  pay 
i  ixes  in  the  district  or  city.  Domestics,  bell  boys,  and  other 

'i  \ ants,  it  entitled  to  be  included  in  the  census,  must  be 
i  3corder  at  the  residence  of  their  parents  or  legal  guardians. 
Fourth,  In  cities  having  a  population  of  three  thousand  or  compiling 

ver.  the  secretary  of  the  board  of  education  and  the  several   etc. 

•  numerators  shall,  immediately  after  the  first  day  in  June  of 
ich  year,  compare,  correct  and  compile  the  entire  census. 

'he  said  secretary  of  the  board  of  education  shall  then  attach   Affldavit> 
;  hereto  his  affidavit  that  the  several  enumerators  were  duly 

•  mployed  by  the  board  of  education  and  that  said  census  has 

een  properly  compared,  corrected  and  compiled;  and  forth-   when 

/ith,  and  before  the  second  Monday  in  July  thereafter,  trans-  transmitted. 

ait  to  the  superintendent  of  public  instruction  the  entire  cen- 

us.  together  with  his  affidavit  and  the  affidavits  of  the  sev- 

ral  enumerators,  and  at  the  same  time  he  shall  transmit  to 

aid  superintendent  of  public  instruction  the  annual  statis- 

ical  and  financial  report  of  said  city  or  district. 

It  was  an  improper  exercise  of  the  discretion  of  the  superintendent  of  public 
attraction  t<>  reject  from  the  list  of  names  91  school  children,  whose  parents 
>r  guardians,  as  shown  in  the  report  of  the  secretary  of  the  public  schools, 
•  •sided  in  th«-  district,  and  it  was  unlawful  to  reject  the  names  of  five  children 
vho  were  orphans-  attending  school  in  the  city  and  living  with  relatives  that 
;tood  in  loco  parentis. — Muskegon  Public  Schools  v.  Wright,  176  /  6. 

(68)  §  5690.  SEC.  22a.  Any  person  who  shall  refuse  to  Penalty  for 
4;ive  any  census  enumerator  of  school  children  the  necessary  Information 
information  for  the  compiling  of  a  correct  census  or  who 
>hall  intentionally  give  to  such  enumerator  any  false  informa- 
tion as  to  the  names  or  ages  of  school  children  or  as  to  the 
names  or  residence  of  the  parents  or  guardians  of  any  school 
children,  or  any  school  census  enumerator  who  shall  per- 
form his  duties  carelessly  or  negligently  or  shall  include  in 
the  list  of  names  of  school  children  any  children  who  are  not 
actually  residents  of  the  city  or  district,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  in  a  court  of  com- 
petent jurisdiction,  shall  be  liable  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars,  or  to  imprisonment 
in  the  comity  jail  for  not  more  than  twenty  days,  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court. 

(<i!h     §   r,i;;n.     SK<\  I'M.     The  director  shall  also,  at  the  Report  to 
end  of  the  school  year,  and  previous  to  the  first  Monday  in 
August  in  each  year,  deliver  to  the  township  clerk,  to  be  filed   contain. 
in  his  oHice.  a  report  to  the  board  of  school  inspectors  of  the 
township,  showing : 

First.  The  whole  number  of  children  belonging  to  the  dis- 


40 


STATE  OF  MICHIGAN. 


Where 
director  of 
fractional 
district  to 
report. 


trict  between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age ; 

Third,  The  number  of  non-resident  pupils  of  the  district 
that  have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  each  teacher, 
the  length  of  time  taught  by  each,  and  the  wages  paid  to 
each; 

Sixth,  The  average  length  of  time  scholars  between  five 
and  twenty  years  of  age  have  attended  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  town- 
ship treasurer  apportioned  to  the  district  by  the  township 
clerk ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school ; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent  of 
public  instruction  shall  direct. 

(70)'  §  5692.  SBC.  24.  The  director  of  each  fractional 
district  shall  make  his  annual  report  to  the  clerk  of  the  town- 
ship in  which  the  schoolhouse  is  situated,  and  shall  also 
report  to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of  five 
and  twenty  years  in  that  part  of  the  district  lying  in  such 
township. 


Treasurer  to 
file  bond. 


Premium. 


Filing  and 
approval. 


TREASURER. 

(71)  §  5693.  SEC.  25.  It  shall  be  the  duty  of  the  treas- 
urer of  each  school  district : 

First,  To  execute  to  the  district  and  file  with  the  director, 
within  ten  days  after  his  election  or  appointment,  a  bond 
in  the  full  amount  of  money  to  come  into  his  hands  during 
each  year  of  his  term  or  office,  as  near  as  the  same  can  be 
ascertained,  with  two  or  more  sureties,  each  of  whom  shall 
be  required  to  justify  in  writing  and  under  oath  to  the 
amount  for  which  be  is  holden  in  said  bond ;  or  the  treasurer 
may  furnish  the  bond  of  some  surety  company  authorized 
to  do  business  in  this  state.  The  premium  on  said  surety 
bond  if  purchased  shall  be  paid  by  the  district;  the  form 
of  the  bond,  the  penalty  and  sufficiency  of  the  sureties  to 
be  subject  to  the  approval  of  the  moderator  and  director, 
conditioned  for  the  faithful  performance  of  his  duties  and 
the  proper  application  of  all  moneys  that  shall  come  into 
his  hands  by  virtue  of  his  office.  Said  bond  shall  be  filed 


GENERAL  SCHOOL  LAWS. 


41 


Proviso, 
deposits. 


Proviso, 
limit. 


Duty  of 

treasurer. 


ith  the  director,  and  none  of  the  books  or  money  of  the 
istrict  shall  be  placed  in  the  hands  of  the  treasurer  until 
1  is  bond  has  been  so  approved  and  filed,  and  in  case  of  any 
1  reach  of  the  conditions  thereof  the  moderator  shall  cause 
,    suit  to  be  commenced  thereon  in  the  name  of  the  district, 
;  nd  any  moneys  collected  thereon  shall  be  paid  into  the  town- 
i-  hip  treasury  subject  to  the  order  of  the  district  officers,  and 
hall  be  applied  to  the  same  purposes  as  the  moneys  lost 
hould  have  been  applied  by  the  treasurer :    Provided,  That 
f  the  treasurer  shall   deposit  the  money  in   any  bank  or 
rust  company  authorized  to  do  business  in  this  state,  such 
.eposit  shall  be  made  in  his  name  as  treasurer  of  the  dis- 
rict,  and  any  and  all  interest  paid  by  such  bank  or  company 
•n  such  deposits  shall  be  accounted  for  by  the  treasurer  to 
he  district  and  credited  to  the  general  fund:     Provided, 
riuit  no  bank  or  depository  shall  receive  a  larger  deposit 
>f  said  funds  than  the  amount  of  the  bond  as  hereinafter 
>rovided,  and  in  no  event  to  exceed  one  hundred  thousand 
lollars,  and  such  bank  or  banks  shall  give  good  and  sufficient 
>ond  to  be  approved  by  the  district  board  conditioned  for  the 
•eceipt,  safe-keeping  and  payment  of  all  money  which  may 
x>me  into  its  custody,  in  the  amount  designated  as  the  pen- 
ilty  in  the  bond  furnished  by  the  district  treasurer  to  the 
district.    It  shall  be  the  duty  of  the  treasurer  of  said  district 
to  see  that  a  sum  in  excess  of  the  amount  of  the  bond  is  not 
deposited  in  such  bank  or  banks,  and  said  treasurer  and  his 
bondsmen  shall  be  liable  for  only  such  loss  occasioned  by 
deposits  in  excess  of  the  amount  of  such  bond.    The  district 
board  of  each  district  shall  determine  by  resolution  the  time 
for  which  such  deposits  shall  be  made,  and  all  details  for 
carrying  into  effect  the  authority  herein  given,  but  all  such 
proceedings  in  connection  with  the  deposit  of  such  moneys 
shall  be  conducted  in  such  a  manner  as  to  insure  full  pub- 
licity and  shall  be  open  at  all  times  to  public  inspection :  Pro- 
vided, That  the  electors  at  the  annual  meeting  may  designate 
a  depository  or  depositories  in  which  the  funds  of  the  dis- 
trict shall  be  deposited :    Provided,  however,  That  upon  fail- 
ure of  the  electors  at  such  annual  meeting  to  designate  such 
depository  or  depositories,  the  district  board  by  a  majority 
vote  of  the  members  thereof,  may  designate  a  depository  or 
depositories  in  which  the  funds  of  the  district  shall  be  depos- 
ited.   Upon  designation  of  any  depository  or  depositories  in 
compliance  with  the  provisions  of  this  section,  it  shall  be  the 
duty  of  the  treasurer  to  deposit  all  funds  of  the  district 
therein,  and  in  such  proportion  and  manner  as  may  be  prc- 
vidcd  by  said  district  board.    Every  such  depository  so  named 
shall  give  such  bond  as  the  district  board  may  require  and 
approve  for  the  safe-keeping  and  accounting  of  such  funds,  in 
which  case  the  treasurer  shall  not  be  held  liable  for  any 
neglect  or  default  by  any  such  depository  or  depositories ; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully 
drawn   and   countersigned  by  the   moderator,   out  of   any 


Proviso,  \vh<>n 

depository 

designated. 


Orderi. 


42 


STATE   OF   MICHIGAN. 


Record  kept. 


Annual 
report. 


Suits. 


moneys  in  his  hands  belonging  to  the  fund  upon  which  such 
orders  may  be  drawn; 

Third,  To  keep  a  book  in  which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid: 

Fourth,  To  present  the  district  board  at  the  close  of  the 
school  year  a  report  in  writing,  containing  a  statement  of  all 
moneys  received  during  the  preceding  year  and  each  item  of 
disbursements  made,  and  exhibit  the  voucher  therefor ; 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all 
suits  brought  by  or  against  the  same  when  no  other  direc- 
tions shall  be  given  by  the  qualified  voters  in  the  district 
meetings,  except  in  suits  in  which  he  is  interested  adversely 
to  the  district,  and  in  all  such  cases  the  moderator  shall 
appear  for  such  district  if  no  other  directions  be  given  as 
aforesaid ; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents  and  papers  belonging  to  the  office 
of  treasurer,  together  with  all  district  moneys  remaining  on 
hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  treasurer. 


Settlement, 
etc. 


FIRST :  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  charge- 
able with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and 
received  as  well  as  action  on  his  bond. — Mason  v.  Sch.  Dist.,  34  /  228.  See 
Welch  v.  Frost,  1  /  30 ;  also  Bryant  v.  Moore,  50  /  225. 

SECOND :  See  section  65,  subd.  2,  and  section  66,  subd.  4,  and  notes. 
The  assessor  is  the  disbursing  officer  of  the  district. — Sch.  Dist.  v.  Mallary, 
23  /  111.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands  and  be  paid  out  by  him  on 
proper  orders. — Sch.  Dist.  v.  Sch.  Dist.,  40/551.  Moneys  in  the  hands  of. 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to 
any  district  purpose,  except  through  the  hands  of  the  assessor. — Burns  v. 
Bender,  36  /  198.  An  assessor  cannot  pay  out  any  money  lawfully  without 
a  warrant. — Id.  Interest  is  not  payable  on  school  district  orders  if  no 
authority  has  been  given  to  impose  it. — Turnbull  v.  Sch.  Dist.,  45  /  496.  But 
interest  may  be  allowed  from  demand  when  mandamus  is  granted  for  pay- 
ment, when  its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery 
of  interest  at  law. — Martin  v.  Tripp,  51  /  184.  Mandamus  lies  to  compel  a 
district  to  pay  or  provide  for  the  payment  of  its  orders. — Turnbull  v.  Sch. 
Dist.,  45  /  496.  And  to  compel  an  assessor  to  pay  a  school  order,  where  the 
court  is  satisfied  that  there  is  no  valid  defense. — Martin  v.  Tripp,  51  /  184. 
A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application  for 
mandamus  to  require  an  assessor  to  pay  a  warrant  drawn  on  him. — Allen  v. 
Frink,  32  /  96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting ;  the  moderator 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing,  30/351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether  he 
is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the  director's 
warrants,  see  Burns  v.  Bender,  36  /  197. 

SIXTH  •  Deposits  in  a  bank  :  Where  money  belonging  to  a  board  of  educa- 
tion or  a  school  district  is  deposited  in  a  bank  with  the  knowledge  of  the  board 
and  the  district  receives  interest  thereon,  the  district  does  not  become  a  pre- 
ferred creditor  upon  failure  of  bank. — Bd.  of  Ed.  City  of  Detroit  v.  Union 

r£! ABILITIES  ON  BOND:     Misconduct  of  a  board  of  education  In  appoint- 
ing a  certain  person  treasurer  in  consideration  of  a  promise  to  pay  interest 


GENERAL  SCHOOL  LAWS. 


43 


i  funds  does  not  render  appointment  void  nor  release  sureties.  The  depos- 
ing of  funds  in  a  bank  of  which  the  treasurer  is  an  officer  does  not  make  the 
•posit  the  board's  act  so  as  to  release  sureties  on  the  treasurer's  bond. — Board 
ucation  of  Detroit  v.  Andrews,  142  /  484. 


CHAPTER  IV. 


i  ii 

2 


TOWNSHIP    CLERK. 

2)      §  5(>94.     SEC.  7.     The  township  clerk  shall  receive 
he  annual   reports  of  the  school  directors  of  his  township, 
ml  on  the  first  Monday  of  August  in  each  year  lie  shall  make 
riplicate  reports   setting  forth   the  whole   number  of  school 
listricts  in  his  township,  if  any.  the  amount  of  money  raised 
ml    received    for  school   libraries   and   such   other   items   as 
hall  from  year  to  year  be  required  by  the  superintendent  of 
•  ublic  instruction,  together  with  the  several  particulars  set 
orih   in  the  reports  of  the  several  school  directors  for  the 
>receding  year,  and  within  ten  days  thereafter  he  shall  for- 
vard   two  copies  of  the  same,  together  with  two  copies  of 
•ach  of  the  reports  from  school  directors  to  the  county  com- 
missioner of  schools  and  file  the  other  copy  or  copies  of  these 
(•ports  in  his  oth'ce.  and  he  shall  receive  all  communications, 
»lanks  and   documents  transmitted  to  him  by  the  superin- 
tendent of  public  instruction  and  dispose  of  the  same  in  the 
manner  directed  by  said  superintendent:    Provided,  That  in 
•ase  the  township  is  organized  into  a  township  district  or  a 
fractional  township  district  the  board  of  education  of  such 
lownship  district  or  fractional  township  district  shall  meet 
on  the  first  Monday  in  August  and  make  the  triplicate  reports 
to   Ihe   superintendent    of   public   instruction,   and   in   such 
cases  this  report  shall  take  the  place  of  the  report  above  pro- 
vided  for  to  be  made  by  the  township  clerk,  and  the  said 
board  shall  dispose  of  its  reports  in  the  same  manner  as  is 
provided  for  the  township  clerk:    Provided  further,  That  the 
county  commissioner  of  schools  shall  annually  send  to  each 
township  clerk  and  to  the  secretary  of  each  board  of  educa- 
tion a   complete  list   of  the  legally  qualified  teachers  of  the 
county,  and  at  the  time  the  township  clerk  shall  make  the 
triplicate  reports  herein   provided   for  he  shall  compare  the 
list  of  teachers  employed  in  the  township  with  said  complete 
list  of  teachers,  and  if  in  any  school  district  or  in  the  town- 
ship  district    a    school    shall    not    have   been    taught   for   the 
time  required  by  law  during  the  preceding  year  by  a  .legally 
qualified  teacher,  no  part  of  the  primary  school  interest  fund 
shall  be  distributed   to  such  district  or' to  such  proportional 
part  of  the  township,  although  the  report  from  such  district 
or  township  shall  set  forth  that  a  school  or  schools  have  been 
so  taught,  and  it  shall  be  the  duty  of  the  township  clerk  or 
the   board    of   education,    when    said    board    shall    make    the 
ports  as   hereinbefore   provided,  to  certify  all  these  facts 
to  the  employment  of  teachers  to  the  superintendent  of 
public  instruction. 

Sections   l-«.   inclusive,   .-ind  section  8  were  repealed  by  Act  29  of  1909. 


Triplicate 
reports, 
when 
township 
clerk  to 
make,  etc. 


Copies, 

where 

filed. 


Proviso,  in 
case  of 
township 
district. 


Further 

proviso, 

legally 

qualified 

teachers. 


Primary 
money,  when 
forfeited. 


44 


STATE  OF   MICHIGAN. 


Map  show- 
ing school 
districts. 


Copies, 
where  filed. 

Alterations. 


Clerk  to 
certify  pro- 
posed school 
taxes. 


In  case  of 
division  of 
district. 


Apportion- 
ment of 
school 
moneys. 


To  apportion 
school  taxes. 


Statement  to 
treasurer. 


(73)  §  5695.    SEC.  9.    Each  township  clerk  shall  make  or 
cause  to  be  made  a  map  of  his  township,  showing  by  distinct 
lines  thereon  the  boundaries  of  each  school  district  and  parts 
of  school  districts  therein,  if  such  school  districts  exist,  and 
shall  regularly  number  the  same  thereon  as  established  by 
proper  authority.     One  copy  of  such  map  shall  be  filed  by 
said  clerk  in  his  office  and  one  other  copy  he  shall  file  with 
the  supervisor  of  the  township.    If  any  division  or  alteration 
is  at  any  time  made  in  the  boundaries  of  any  district  or  of 
any  township  district,  the  township  clerk  shall  within  one 
month  thereafter  file  a  new  map  and  copy  thereof  as  afore- 
said showing  such  changes. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown  by 
parol,  without  producing  maps,  plats  .or  documents. — Brooks  v.  Fairchild, 
36  /  234. 

(74)  §  5696.    SEC.  10.    It  shall  be  the  duty  of  the  town- 
ship clerk  of  each  township,  on  or  before  the  first  day  of 
October  in  each  year,  to  make  and  deliver  to  the  supervisor 
of  his  township  a  certified  copy  of  all  statements  on  file  in 
his  office  of  moneys  proposed  to  be  raised  by  taxation  in  each 
of .  the  several  school  districts  of  the  township,  if  any,  for 
school  purposes,  or  to  be  raised  by  any  township  district, 
whole  or  fractional,  for  such  purposes.    In  case  such  condi- 
tion shall  arise,  he  shall  certify  to  the  supervisor  the  amount 
to  be  assessed  upon  the  taxable  property  of  any  school  dis- 
trict retaining  the  district  schoolhouse  or  other  property  on 
the  division  of  the  district  as  the  same  shall  have  been  deter- 
mined by  proper  authority,  and  he  shall  also  certify  the 
same  to  the  director  or  secretary  of  such  district  and  to  the 
director  or  secretary  of  the  district  entitled  thereto. 

(75)  §  5697.     SEC.  11.     On    receiving    notice     from    the 
county  treasurer  of  the  amount  of  school  moneys  apportioned 
to  his  township,  the  township  clerk  shall  apportion  the  same 
amount  to  the  several  districts  therein,  or  to  the  whole  or 
fractional  township  district  entitled  to  the  same,  in  accord- 
ance with  1he  statement  from  the  superintendent  of  public 
instruction  sent  to  such  township  clerk  and  based  upon  the 
annual  report  of  the  school  directors  or  the  secretary  of  the 
board  of  education  for  the  preceding  school  year,  and  he  shall 
file  said  statement  from  the  superintendent  of  public  instruc- 
tion permanently  in  the  records  of  his  office. 

(76)  §  5698.'    SEC.  12.     Said  clerk  shall  also  apportion 
to  the  school  districts  in  his  township,  as  required  by  law,  on 
receiving  notice  of  the  amount  from  the  township  treasurer, 
all  moneys  raised  by  township  tax,  or  received  from  other 
sources,  for  the  support  of  schools;  and  in  all  cases  make 
out  and  deliver  to.  the  township  treasurer  a  written  state- 


GENERAL  SCHOOL  LAWS. 


45 


ment  of  the  number  of  children  in  each  district  drawing 
money,  and  the  amount  apportioned  to  each  district,  and 
record  the  apportionment  in  his  office;  and   whenever  an  TO  notify 
apportionment  of  the  primary  school  interest  fund,  or  moneys   amoimt8aC 
raised  by  tax,  or  received  from  other  sources,  is  made,  he  portioned 
shall  give  notice  of  the  amount  to  be  received  by  each  dis- 
trict to  the  director  thereof. 

TOWNSHIP  SUPERVISOR  AND  TREASURER. 

(77)  §  5699.    SEC.  13.    It  shall  be  the  duty  of  the  super-  Assessment 
visor  of  the  township  to  assess  the  taxes  voted  by  every  school 
district  in  his  township,  and  also  all  other  taxes  provided   tnxes- 
for  in  this  act,  chargeable  against  such  district  or  town- 
ship, upon  the  taxable  property  of  the  district  or  township 
respectively,  and  to  place  the  same  on  the  township  assess- 
ment roll  in  the  column  for  school  taxes,  and  the,  same  shall 

be  collected  and  returned  by  the  township  treasurer  in  the 
same  manner  and  for  the  same  compensation  as  township 
taxes.    If  any  taxes  provided  for  by  law  for  school  purposes  Taxes  not 
shall  fail  to  be  assessed  at  the  proper  time,  the  same  shall  be  assessed  at 

proper  time. 

assessed  in  the  succeeding  year. 

FAILURE  TO  ASSESS  :  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment. — 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97/596. 

(78)  §  5700.     SEC.  14.     The  supervisor  shall  also  assess 
upon  the  taxable  property  of  his  township,  one  mill  upon 
each  dollar  of  the  valuation  thereof  in  each  year,  and  report 
the  aggregate  valuation   of  each   district  to   the  township 
clerk,  who  shall  report  said  amount  to  the  director  of  each 
school  district  in  his  township,  or  to  the  director  of  any 
fractional  school  district  a  portion  of  which  may  be  located 
in  said  township  before  the  first  day  of  September  of  each 
year :    Provided,  That  before  the  supervisor  shall  assess  said 

lie  shall  examine  the  reports  of  the  several  school  dis- 
tricts in  his  township  for  the  preceding  year  and  if  said 
reports  show,  exclusive  of  funds  raised  for  building  purposes, 
a  balance  on  hand  in  any  district  of  a  sum  equal  to  or  in 
excess  of  the  amount  paid  for  teachers'  wages  in  said  district 
during  the  preceding  year,  then  said  supervisor  shall  not 
assess  the  one-mill  tax  upon  the  property  of  such  district  for 
the  ensuing  year.  All  moneys  raised  by  one-mill  tax  shall  be 
a] (portioned  by  the  township  clerk  to  the  district  in  which 
it  was  raised,  and  all  moneys  collected  by  virtue  of  this  act 
during  the  year,  on  any  property  not  included  in  any  organ- 
ized district,  or  in  districts  which  have  not  maintained 
school  for  the  required  period  during  the  previous  year,  shall 
be  apportioned  to  the  several  other  school  districts  of  said 
township  that  did  maintain  school,  in  the  same  manner  as 
the  primary  school  interest  fund  is  now  apportioned.  All  where  no 
moneys  accruing  from  the  one-mill  tax  upon  the  property  of  f0SSedt8  are 


Assessment  of 
one-mill  tax. 


Proviso, 
when  assess- 
ment not  to 
be  made. 


Moneys  ap- 
portioned 
town  clerk. 


46 


STATE  OF   MICHIGAN. 


When  district 
is  divided, 
certain  taxes 
to  be  assessed. 


Proviso. 


How  such 
taxes  to  be 
applied. 


any  district  in  any  township  before  said  district  shall  have  a 
legal  school  therein,  shall  belong  to  the  district  in  which  it 
was  raised  when  such  district  shall  have  maintained  school 
for  the  required  period  by  a  qualified  teacher. 

See   Saginaw   T\\i>.   v.   Saginaw,  9  /  541.     Twp.  of  Deerfield  v.  Harper,   115  / 

678. 

(79)  §  5701.     SEC-.  15.     The  amount  to  be  assessed  upon 
the  taxable   property   of   any   school   district    retaining   the 
schoolhouse  or  oilier  property,  on  the  division  of  a  district, 
as  the  same  shall  have  been  determined   by   the    inspectors, 
shall  be  assessed  by  the  supervisor  in  the  same  manner  as  if 
the  same  had  been  authorized  by  a  vote  of  such  district ;  and 
the  money  so  assessed  shall  be  placed  to  the  credit  of  the 
taxable  property  taken  from  the  former  district,  and  shall 
be  in  reduction  of  any  tax  imposed  in  the  new  district  on 
said   taxable   property   for  school   district   purposes:     Pro- 
vided, That  if  the  district  retaining  the  schoolhouse  shall 
vote  to  pay,  and  shall  pay,  before  said  taxes  are  assessed, 
any  portion  of  said  amount  to  the  new  district,  said  amount, 
as  shall  be  certified  by  the  moderator  and  director  of  the 
new  district  to  the  supervisor,  shall  be  deducted  from  the 
amount  to  be  assessed  as  provided  in  this  section.     When 
collected,  such  amount  shall  be  paid  over  to  the  treasurer  of 
the  new  district,  to  be  applied  to  the  use  thereof  in  the  same 
manner,  under  the  direction  of  its  proper  officers,  as  if  such 
sum  had  been  voted  and  raised  by  said  district  for  building  a 
schoolhouse  or  other  district  purposes. 

NEW  DISTRICT  :  The  money  when  collected,  must  be  paid  to  the  assessor 
of  the  new  district  ;  and  if  wrongfully  paid  to  the  old  one,  the  new  district 
may  maintain  an  action  for  money  had  and  received,  against  the  old  dis- 
trict.— Sen.  Dist.  v.  Sch.  Dist.,  40  /  551. 

(80)  §  5702.     SEC.  16.     The  full  amount  of  all  taxes  to 
be  levied  upon  the  taxable  property  in  a  fractional  school 
district  shall  be  certified  by  the  district  board  to  the  town- 
ship clerk  of  each  township  in  which  such  district  is  in  part 
situated,  and  by  such  township  clerks  to  the  supervisors  of 
their  respective  townships,  and  it  shall  be  the  duty  of  each 
of  said  supervisors  to  certify  to  each  other  supervisor  inter- 
ested, the  amount  of  taxable  property  in  that  part  of  the  dis- 
trict  lying   in    his   township:      Provided,    That   when    there 
exists   a   manifest   difference   in   the   valuation   of   property 
assessed   in   fractional    districts,    composed   of    territory    in 
adjoining   townships   or   counties,    such    valuation    shall   be 
equalized  for  this  specific  purpose  by  the  supervisors  of  the 
townships  interested  at  a  joint  meeting  held  for  that  purpose, 
on  application  of  either  of  the  supervisors  of  said  townships. 
And  such  supervisors  shall  respectively  ascertain  the  propor- 
tion of  such  taxes,  including  mill  tax,  to  be  placed  on  their 
respective  assessment  rolls,  according  to  the  amount  of  tax- 
able property  in  each  part  of  such  district.    And  if  said  super- 


Taxes  in 

fractional 

districts. 


Proviso. 


In  csises  of 
disagreement 
of  sui-er- 
visoni. 


Statement  to 

township 

treasurer. 


Statement  to 
township 
treasurer  of 
one-mill  tax 
levied  in 
fractional 
district. 


visors  cannot  agree  as  to  the  proportion  of  such  taxes  to  be 
placed  on  their  respective  assessment  rolls,  a  supervisor  from 
an  adjoining  township  shall  In-  called  to  meet  with  said  super- 
visors in  said  fractional  district  and  assist  in  equalizing  said 
valuation.  Said  supervisor  to  he  paid  at  the  rate  of  three 
dollars  per  diem  I'm-  the  time  necessarily  employed  in  attend- 
ance at  such  meeting  of  the  supervisors,  and  all  necessary 
traveling  expenses,  hy  the  townships  in  interest. 

(81)  §  r>70.'i.     Si:r.  17.    The  supervisor,  on  delivery  of  the 
warrant  for  the  collection  of  taxes  to  the  township  treasurer, 
shall  also  deliver  to  said  treasurer  a  written  statement  of  the 
amount  of  school  and  library  taxes,  the  amount   raised  for 
district  purposes  on  the  taxable  property  of  each  district  in 
the  township,  the  amount  belonging  to  any  new  district  on 
the  division  of  the  former  district,  and  the  names  of  all  per- 
sons having  judgments  assessed  under  the  provisions  of  this 
act   upon   the   taxable   property   of   any   district,   with   the 
amount  payable  to  such  person  on  account  thereof. 

(82)  §  5704.    SEC.  18.    The  supervisor  of  each  township, 
on  the  delivery  of  the  warrant  for  the  'collection  of  taxes  to 
the  township  treasurer,  shall  also  deliver  to  said  treasurer  a 
written  statement,  certified  by  him,  of  the  amount  of  the  one- 
mill  tax  levied  upon  any  property  lying  within  the  bounds  of 
a  fractional  school  district,  a  part  of  which  is  situate  within 
his  township,  and  the  returns  of  which  are  made  to  the  clerk 
of  some  other  township;  and  the  said  township  treasurer 
shall  pay  to  the  township  treasurer  of  such  other  township 
the  amount  of  the  taxes  so  levied  and  certified  to  him  for  the 
use  of  such  fractional  school  district. 

(83)  §  5705.    SEC.  19.    Whenever  any  portion  of  a  school 
district  shall  be  set  off  and  annexed  to  any  other  district,  or 
orga nixed  into  a  new  one,  after  a  tax  for  district  purposes 
other  than  the  payment  of  any  debts  of  the  district  shall 
have  been  levied  upon  the  taxable  property  thereof,  but  not 
collected,  such  tax  shall  be  collected  in  the  same  manner  as 
if  no  part  of  such  district  had  been  set  off,  and  the  said 
former  district,  and  the  district  to  which  the  portion  so  set 
on"  may  be  annexed  or  the  new  district  organized  from  such 
poit ion.   shall  each  be  entitled  to  such  proportion  of  said 
tax  as  the  amount  of  taxable  property  in  each  part  thereof 
bears  to  the  whole  amount  of  taxable  property  on  which  such 
tax  is  levied. 

See  section  38  and  notes. 

(84)  §5706.    SK<  .  L'O.  The  township  treasurer  shall  retain  school  taxes, 
in  his  hands,  out  of  the  moneys  collected  by  him,  after  deduct-   whenpaid- 
ing  the  amount  of  tax  for  township  expenses,  the  full  amount 

of  the  school  taxes  on  the  assessment  roll,  and  hold  the  same 
subject  to  the  warrant  of  the  proper  district  officers,  to  the 
order  of  the  school  inspectors,  or  of  the  persons  entitled 
thereto,  and  give  a  written  notice  to  the  township  clerk  of  the 
amount. 


Collection 
and   appor- 
tionment of 
taxes  on 
division  of 
district. 


STATE  OF  MICHIGAN. 


SCHOOL  TAXES :  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be  received. 
If  he  does  so  and  receipts  Tor  the  taxes,  he  must  make  good  the  amount. — 
Jones  v.  Wright,  34  /  372  ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  554.  See  Elliott  v. 
Miller,  8  /  182  and  notes  to  section  2133,  C.  L.,  1915.  The  liability  of  a 
township  treasurer  for  school  moneys  is  distinct  from  his  ordinary  liability 
for  township  moneys,  and  it  cannot  be  released  or  in  any  way  affected  by  the 
action  of  the  township  board. — Jones  v.  Wright,  34  /  372.  As  to  the  custody, 
etc.,  of  school  district  moneys,  see  notes  to  section  66,  subd.  4,  and  section  71, 
subd.  1,  2. 

Liability  of  township  to  Sch.  Dist.,  section  4089,  C.  L.  1915,  provides  that 
all  losses  that  may  be  sustained  by  the  default  of  any  township  officer  in  the 
discharge  of  any  duty  imposed  by  the  act  shall  be  chargeable  to  the  town- 
ship. The  act  charges  the  township  treasurer  with  the  duty  of  collecting 
and  paying  over  all  school  district  taxes.  Held,  that  a  township  is  liable 
to  a  school  district  for  school  moneys  lost  through  the  defalcation  of  the 


Township 
treasurer  to 
apply  to 
county 
treasurer  for 
moneys. 


Moneys  of 
fractional 
school 
districts. 


Duplicate 
receipts. 


township   treasurer. — Smith    v.    Jones,    136  /  532.     Designating    depository    for 
township  funds,  see  Act  305,  P.  A.  1909,   (§  2134,  C.  L.  1915). 

(85)  §  5707.    SEC.  21.    The  township  treasurer  shall,  from 
time  to  time,  apply  to  the  county  treasurer  for  all  school 
and  library  moneys  belonging  to  his  township,  or  the  dis- 
tricts thereof;  and  on  receipt  of  the  moneys  to  be  appor- 
tioned to  the  districts,  he  shall  notify  the  township  clerk  of 
the  amount  to  be  apportioned. 

(86)  §  5708.     SEC.  22.    Each  treasurer  of  a  township  to 
the  clerk  of  which  the  returns  of  any  fractional  school  dis- 
trict shall  be  made,  shall  apply  to  the  treasurer  of  any  other 
township  in  which  any  part  of  such  fractional  school  district 
may  be  situated,  for  any  money  to  which  such  district  may 
be  entitled;  and  the  treasurer  paying  over  the  same  shall 
take  a  receipt  therefor  in  duplicate,  one  copy  of  which  he 
shall  file  in  his  office,  and  the  other  copy  he  shall  send  by 
mail,  or  deliver  personally,  to  the  clerk  of  the  township  to 
the  treasurer  of  which  he  had  paid  any  moneys  on  account 
of  a  fractional  school  district,  which  shall  be  specified  in  the 
receipt;  on  receiving  the  duplicate  receipt,  the  clerk  shall 
charge  the  sum  named  therein  to  the  township  treasurer, 
and  apportion  the  same  as  are  other  taxes  for  school  pur- 
poses. 


County  clerk 
to  receive  and 
dispose  of 
communica- 
tions, etc. 


County  clerk 
to  examine 
reports,  etc. 


Notice  of 
apportion- 
ment  of 
moneys. 


CHAPTER  V. 

COUNTY  CLERK  AND  TREASURER. 

(87)  §  5709.     SECTION  1.     It  shall  be  the  duty  of  each 
county  clerk  to  receive  all  such  communications,  blanks,  and 
documents  as  may  be  directed  to  him  by  the  superintendent 
of  public  instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(88)  §  5710.    SEC.  2.    The  clerk  of  each  county  shall,  on 
receiving  from  the  secretary  of  the  county  board  of  school 
examiners  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.     On  receiving  notice 
from  the  superintendent  of  public  instruction  .of  the  amount 
of  moneys  apportioned  to  the  several  townships  in  his  county 
he  shall  file  the  same  in  his  office,  and  forthwith  deliver  a 
copy  thereof  to  the  county  treasurer. 


GENERAL  SCHOOL  LAWS. 


(89)  §  5711.  SEC.  3.  The  several  county  treasurers  shall 
i,  >ply  for  and  receive  such  moneys  as  shall  have  been  appor- 
t  oned  to  their  respective  counties,  when  the  same  shall 
I  jcome  due ;  and  each  of  said  treasurers  shall  immediately 
j:  ve  notice  to  the  treasurer  and  clerk  of  each  township  in  his 

0  >unty,  of  the  amount  of  school  moneys  apportioned  to  his 
t  iwnship,  and  shall  hold  the  same  subject  to  the  order  of  the 

1  iwnship  treasurer. 


CHAPTER  VI. 

BONDED    INDEBTEDNESS    OP    DISTRICTS. 

i)     §  5712.     SECTION  1.     Any  school  district  may,  by  a 
i  lajority  vote  of  the  qualified  voters  of  said  district  present  at 
;  n  annual  meeting  or  at  a  special  meeting  called  for  that 
I  urpose,  borrow  money,  and  may  issue  bonds  of  the  district 
herefor,  to  pay  for  a  schoolhouse  site  or  sites,  or  to  pay  for 
;  n  addition  or  additions  of  territory  to  a  schoolhouse  site  or 
f  ites,  and  to  erect  and  furnish  school  buildings.    The  district 
oard,  or  board  of  education,  shall  estimate  the  amount  of 
aoney  necessary  to  be  raised  and  shall  state  their  estimate 
n  the  notices  of  the  annual  or  special  meeting,  at  which  the 
«  uestion  of  borrowing  money  and  issuing  bonds  shall  be  sub- 
mitted to  the  people;  and  at  said  meeting  the  voters  shall 
lave  power  to  ratify  by  vote  aforesaid  the  estimate  of  the 
•  listrict  board,  or  board  of  education,  or  to  fix  a  new  limit  on 
he  amount  to  be  borrowed  and  for  which  bonds  may  be 
ssued :    Provided,  That  no  school  district  shall  issue  bonds 
or  an  amount  greater  than  ten  per  cent  of  the  total  assessed 
/aluation  of  said  district  nor  shall  the  bonded  indebtedness 
)f  a  district  extend  beyond  the  period  of  fifteen  years  for 
noney  borrowed :    Provided  further,  That  in  all  proceedings 
ander  this  section,  the  district  board  and  one  person  selected 
}y  the  qualified  voters  present  at  said  meeting  shall  consti- 
tute a  board  of  inspectors,  who  shall  cause  a  poll  list  to  be 
iept  and  a  suitable  ballot  box  to  be  used,  and  the  polls  shall 
DC  kept  open  at  least  two  hours.    The  votes  shall  be  by  ballot, 
either  printed  or  written,  or  partly  printed  and  partly  writ- 
ten, and  the  canvass  of  the  same  shall  be  conducted  in  the 
same  manner  as  at  township  elections,  or  as  far  as  the  laws 
governing  the  same  are  applicable,  and  when  said  laws  are 
not  applicable  the  board  of  inspectors  shall  prescribe  the 
manner  in  which  the  canvass  shall  be  conducted. 

Am.   1919,   Act   43. 

BONDS  :  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand, 
'.  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal 
limit. — Stockdale  v.  Sch.  Dist.,  47  /  226.  The  purchaser  of  a  school  district 
bond  has  a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face 
of  the  bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon 
and _ determine  the  facts.— Gibbs  v.  Sch.  Dist.,  88/336.  Detaching  a  portion 


County  treas- 
urer to  apply 
for  moneys 
apportioned. 

To  notify 
township 
clerks  of 
amounts. 


Authority  to 
bond  for 
buildings. 


Estimates. 


Power  of 
electors. 


Proviso, 
limit  of 
bond  issue. 


Further 
proviso, 
board  of 
inspectors. 


Conduct  of 
election. 


..   ___.  _ _,  . —     „_ .  „ 

of   a  district   and    organising   it    into   or   with   another   township. — People   v. 
Rjan.  19/203.     The  act  of  toe  legislature  In  detaching  a  part  of  the  terrl- 


50 


STATE  OF   MICHIGAN. 


tory  of  a  township  and  erecting  therefrom  a  new  township,  of  another  name 
does  not  have  the  effect  of  putting  an  end  to  the  school  district  organizations 
in  the  detached  territory,  and  the  holder  of  bonds  issued  thereafter  by  a 
district  in  such  territory  may  recover  thereon  notwithstanding  a  subsequent 
reorganization  of  the  district. — Wayne  Co.  Svgs.  Bank  v.  School  District, 
152  /  440.  The  provisions  of  the  general  school  law  govern  the  school  district 
of  Traverse  City,  organized  under  special  act,  when  not  inconsistent  with  the 
provisions  of  the  special  act,  and  the  limit  of  bonded  indebtedness  fixed  in  this 
section  is  applicable  to  said  city.— Bd.  of  Ed.  of  Traverse  City  v.  Straub,  182  / 
665.  By  general  statute  as  amended,  the  power  is  conferred  on  the  qualified 
voters  to  borrow  money  and  issue  bonds,  but  no  constitutional  prohibition 
affects  the  power  of  the  legislature  to  vest  in  the  board  of  education  the  powers 
exercised  by  the  electors  under  such  statute. — Bd.  of  Ed.  of  City  of  Muskegon 
v.  Smith,  183/429. 


Issuing  bonds 
for  money 
borrowed. 


Interest 
thereon. 


Voters  may 
raise  tax  to 
redeem  bonds. 


District  may 
borrow  money 
to  pay  bonds, 
and  issue 
further  bonds. 

Proviso. 


(91)  §  5713.    SEC.  2.    Whenever  any  school  district  shall 
have  voted  to  borrow  any  sum  of  money,  the  district  board 
of  such  district  is  hereby  authorized  to  issue  the  bonds  of 
such  district,  in  such  form,  and  executed  in  such  manner  by 
the  moderator  and  director  of  such  district,  and  in   such 
sums,  not  less  than  fifty  dollars,  as  such  district  board  shall 
direct,  and  with  such  rate  of  interest,  not  exceeding  eight  per 
centum  per  annum,  and  payable  at  such  time  or  times  as  the 
said  district  shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district ;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will  authorize 
the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore,  need  look 
no  further  back  than  the  face  of  the  bonds  for  the  facts  which  show  a  com- 
pliance with  the  law. — Gibbs  v.  Sch.  Dist.,  88  /  337. 

(92)  §  5714.     SEC.  3.     Whenever  any  money  shall  have 
been  borrowed  by  any  school  district,  the  taxable  inhabitants 
of  such  district  are  hereby  authorized,  at  any  regular  meet- 
ing of  such  district,  to  impose  a  tax  on  the  taxable  property 
in  such  district,  for  the  purpose  of  paying  the  principal  thus 
borrowed,  or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  col- 
lected. 

(93)  §  5715.     SEC.  4.     Any  school  district,  whenever  it 
shall  appear  that  the  same  can  be  done  on  terms  advantageous 
to  said  district,  may  borrow  money  to  pay  any  bonded  indebt- 
edness of  said  district  then  existing,  and  issue  further  bonds 
of  said  district  therefor:    Provided,  That  a  majority  of  the 
qualified  voters  of  said  district  shall  so  determine,  at  an 
annual  or  special  meeting  called  for  that  purpose;  and  that 
the  notice  of  such  meeting,  whether  annual  or  special,  shall 
state  the  intention  to  take  such  vote. 


GENERAL  SCHOOL  LAWS. 


51 


'A1MTA    TAX    AUTHORIZED    UORTAIX    SCHOOL 
DISTRICTS. 

Ai  Act  to  prescribe  the  puwrr  <»f  school  districts,  having  a  population 
f  not  less  than  fifteen  thousand  and  not  more  than  one  hundred 
ho  lisa  nd.  where  taxes  are  based  on  a  per  capita  for  each  child  of 
Chool  ap«.  to  impose  and  collect  taxes  for  school  purposes,  and  to 
epeal  all  acts  or  parts  of  act<  inconsistent  therewith. 


[Art    -is.    ]'.    A.    1SH7.I 


The  l'<  <>i>l<    of  tin-  tftutc  of  Michigan  enact: 

)  SECTION  1.  The  district  board  or  board  of  educa- 
ti  >n  of  any  school  district  in  the  state  of  Michigan,  whose 
p«  pulation  shall  not  be  less  than  lifteen  thousand  and  not 
n  ire  than  one  hundred  thousand,  wherein  taxes  authorized 
t<  be  raised  for  school  purposes  are  based  upon  a  rate  per 
c;  pita  for  each  child  of  school  age  as  shown  by  the  last  pre- 
ct  ding  school  census  of  the  district,  is  hereby  authorized  to 
ii  ipose  a  tax  on  the  taxable  property  of  the  district  for  the 
p  irpose  of  paying  the  ordinary  expenses  of  conducting  its 
s<  hools  and  of  paying  all  or  any  part  of  the  principal  and  the 
ii  terest  on  the  bonded  indebtedness  of  the  district,  to  be 
h  vied  and  collected  in  the  same  manner  as  provided  by  law 
f«  r  school  district  taxes,  in  an  amount  not  exceeding  the 
r;  te  per  capita  for  each  child  of  school  age  as  shown  by  the 
Ii  st  preceding  school  census  of  the  district,  as  fixed  by  the 
t;  xable  inhabitants  of  such  school  district  at  any  regular  or 
special  meeting  of  such  district.  The  fixed  rate  per  capita 
shall  continue  until  changed  and  a  new  rate  fixed  at  a  regu- 
1;  r  meeting  of  the  district  by  an  aHirmative  vote  of  a  major- 
ity of  the  taxable  inhabitants  of  the  district  voting  thereon. 

Section   '2  repeals  all   acts  or  parts  of  ads.  whether  local  or  general.   In  any- 
Qflicting  \\ith   the  provisions  of  this  act. 


VII. 


Sins   AM»   .iriM.MKATS    AtlAINST   DISTRICTS. 

i!C>>  §  1  41(17.  SK<  .  '2.  Justices  of  the  peace  shall  have 
jurisdiction  in  all  cases  of  assumpsit.  trespass  on  the  case  and 
replevin  against  school  districts,  when  the  amount  claimed, 
or  matter  in  controversy  shall  not  exceed  one  hundred  dol- 
lirs:  and  the  parties  shall  have  the  same  right  of  appeal  as 

i  i  other  eaee& 

This  is  section   L'.  chapter  66,  of  th«-  ju«licatur<-  act    of  U»ir».  «-fTWtiv.'  Jan.   1, 

i  .«]»;.  whi.-h  rep  ;_•!  ami   IT  r  15*15,  pp. 

As   to    corporate    powt-rs  Liability   for   debts 

:ift»>r  change!  ma-l.-  in  districts.  —  St-.-  sections  37-38  and  notes.  Action  of 
«  MO  district  against  nm.tlnT  for  IIK.IH-V  had  and  received.  —  Sch.  Dist.  v.  Sen. 
I  Hat.,  40  T.r.l  Andn-as  v.  Scbool  District,  138/54. 


Tax  for 

school 

purposes. 


Amount. 


Rate 
continued. 


Justices  to 
have  juris- 
diction in 
certain  cases. 


52 


STATE  OF  MICHIGAN. 


Service  of 
process. 


(96)  §  12438.  SEC.  35.  In  suits  or  proceedings  against 
municipal  and  public  corporations  *  *  *  service  of  process 
may  be  made  as  follows: 


School 
district. 


Treasurer 
to  certify . 
judgment. 


When  treas- 
urer fails 
to  certify. 


Fractional 

school 

district. 


Supervisor 
to  assess 
judgment. 


How  collected 


6.  Against  school  districts,  upon  the  president  of  the  board 
of  education,  director,  moderator  or  treasurer  of  such  dis- 
trict. 


This  is  section  35,  chapter  13,  of  the  judicature  act  of  1915. 
of  1915,  pp.  84,  480,  repealing  §  4722,  C.  L.  1897. 


See  Act  314 


(97)  §  12973.  SEC.  8.  No  execution  shall  issue  on  any 
judgment  against  a  school  district,  nor  shall  any  suit  be 
brought  thereon,  but  the  same  shall  be  collected  in  the  man- 
ner prescribed  in  this  chapter. 


Sections  8-12  are  taken  from  the  judicature  act  of  1915,  chapter  24. 
Act  314  of  1915,  p.  187,  superseding  §  4723,  C.  L.  1897. 


See 


(98)  §  12974.    SEC.  9.    Whenever  any  final  judgment  shall 
be  obtained  against  the  school  district,  if  the  same  shall  not 
be  removed  to  any  other  court,  the  treasurer  of  the  district 
shall  certify  to  the  supervisor  of  the  township  and  to  the 
director  of  the  district  the  date  and  amount  of  such  judg- 
ment, with  the  name  of  the  person  in  whose  favor  the  same 
was  rendered,  and  if  the  judgment  shall  be  removed  to  another 
court,  the  treasurer  shall  certify  the  same  as  aforesaid,  imme- 
diately  after  the   final   determination   thereof   against   the 
district. 

See  Act  314,  of  1915,  p.  187,  superseding  §  4724,  C.  L.  1897. 

(99)  §  12975.     SEC.  10.     If  the  treasurer  shall  fail  to 
certify  the  judgment  as  required  in  the  preceding  section,  it 
shall  be  lawful  for  the  party  obtaining  the  same,  his  executors, 
administrators,  or  assigns,  to  file  with  the  supervisor  the  cer- 
tificate of  the  justice  or  clerk  of  the  court  rendering  the  judg- 
ment, showing  the  facts  which  should  have  been  certified  by 
the  treasurer. 

See  Act  314,  of  1915,  p.  187,  superseding  §  4725,  C.  L.  1897. 

(100)  §  12976.     SEC.  11.     If  the  district  against  which 
any  such  judgment  shall  be  rendered  is  situated  in  part  in 
two  or  more  townships,  a  certificate  thereof  shall  be  delivered 
as  aforesaid  to  the  supervisor  of  each  township  in  which  such 
district  is  in  part  situated. 

See  Act  314,  of  1915,  p.  187,  superseding  §  4726,  C.  L.  1897. 

(101)  §  12977.     SEC.  12.     The  supervisor  or  supervisors 
receiving  either  of  the  certificates  of  a  judgment  as  afore- 
said shall  proceed  to  assess  the  amount  thereof,  with  interest 
from  the  date  of  the  judgment  to  the  time  when  the  warrant 
for  the  collection  thereof  will  expire,  upon  the  taxable  prop- 
erty of  the  district,  placing  the  same  on  the  next  township 
assessment  roll  in  the  column  for  school  taxes ;  and  the  same 


_ 


GENERAL  SCHOOL  LAWS. 


53 


proceedings  shall  be  had,  and  the  same  shall  be  collected  and 
returned  in  the  same  manner  as  other  district  taxes. 

ee  Act  314,  of  1915,  p.  187,  superseding  §  4727,  C.  L.  1897. 


See  Act  314 


CHAPTER  VIII. 


SITES    FOR    SCHOOLHOUSES. 


(102)  §  5716.     SECTION  1.     The  qualified  voters  of  any 
school  district,  when  lawfully  assembled  may  designate  by  a 
vote  of  two-thirds  of  those  present,  such  number  of  sites  as 
may  be  desired  for  schoolhouses  and  may  change  the  same  by 
similar  vote  at  any  annual  or  special  meeting,  or  by  the  same 
vote  may  enlarge  any  existing  site.    Whenever  the  question  of 
designating  a  school  site  or  of  changing  a  school  site  is  to  be 
brought  before  the  school  meeting,  the  notice  of  said  meeting 
shall  state  the  intention  to  vote  upon  such  question.    When 
no  site  can  be  established  by  such  inhabitants  as  aforesaid, 
the  school  inspectors  of  the  township  or  townships  in  which 
the  district  is  situated,  upon  notification  by  the  district  board 
that  the  district  is  unable  to  fix  a  site,  shall  determine  where 
such  site  shall  be,  and  their  determination  shall  be  certified  to 
the  director  of  the  district  and  shall  be  final,  subject  to  altera- 
tion  afterwards  by  the  inspectors,  on  the  written  request  of 
two-thirds  of  the  qualified  voters  of  the  district,  or  by  two- 
thirds  of  the  qualified  voters  agreeing  upon  a  site  at  a  district 
meeting  lawfully  called. 

NO  SITE  ESTABLISHED:  It  is  only  when  the  inhabitants  cannot  agree 
in  establishing  any  site  at  all,  that  the  inspectors  are  allowed  to  fix  one. — 
Andress  v.  Inspectors,  19  /  332. 

TOWNSHIP  BOARD  :  Powers  and  duties  formerly  given  to  school  inspec- 
tors now  vest  in  township  board. 

NOTICE  :  The  amendment  of  1905  requires  that  notice  of  intention  to  vote 
on  a  change  of  site  must  be  given  before  the  question  may  be  passed  on  at  an 
annual  meeting. — Calkins  v.  Rice,  170/234.  Insufficient  notice. Id. 

(103)  §  5717.    SEC.  2.    Whenever  a  site  for  a  schoolhouse 
shall  be  designated,  determined,  established  or  enlarged  in 
any  manner  provided  by  law,  in  any  school  district,  and 
whenever  a  site  for  a  schoolhouse  shall  be  designated,  deter- 
mined, established  or  enlarged  by  resolution  of  any  board 
of  education  of  any  city  and  such  board  of  education  or  such 
school  district  shall  be  unable  to  agree  with  the  owner  or 
owners  of  such  site  upon  the  compensation  to  be  paid  there- 
for, or  for  the  land  to  enlarge  the  same,  or  in  case  such  board 
of  education  or  such  district  shall,  by  reason  of  any  imper- 
fection in  the  title  to  said  site,  or  land  to  be  added  thereto, 
arising  either  from  break  in  the  chain  of  title,  tax  sale,  mort- 
gages, levies,  or  any  other  cause,  be  unable  to  procure  a  per- 
fect, unincumbered  title  in  fee  simple  to  said  site,  or  land  for 
the  enlargement  thereof,  the  board  of  education  or  the  dis- 
trict board  of  such  district  shall  authorize  one  or  more  of 
its  members  to  apply  to  the  circuit  judge,  if  there  be  one  in 


Sites  for 
school' 
houses,    how 
designated, 
etc. 


Notice  of 
meeting. 


When  in- 
spectors may 
fix  site. 


When  com- 
pensation 
for  site 
determined 
by  Jury. 


54 


STATE  OF  MICHIGAN. 


the  county,  or  to  a  circuit  court  'commissioner  of  the  county, 
or  to  any  justice  of  the  peace  of  the  city  or  township  in  which 
such  school  district  shall  be  situated,  for  a  jury  to  ascertain 
and  determine  the  just  compensation  to  be  made  for  the  real 
estate  required  by  such  school  district  for  such  site,  or  for 
the  enlargement  thereof  and  the  necessity  for  using  the  same, 
which  application  shall  be  in  writing,  and  shall  describe  the 
real  estate  required  by  such  board  of  education  or  by  such 
district  as  accurately  as  is  required  in  a  conveyance  of  real 
estate:  Provided,  That  whenever  any  school  district  shall 
have  designated,  selected  or  established  in  any  manner  pro- 
vided by  law  and  whenever  the  board  of  education  of  any 
city  shall  have  designated,  selected  or  established  by  resolu- 
tion a  schoolhouse  site  or  land  for  the  enlargement  thereof 
such  selection,  designation  or  establishment  shall  be  prima 
facie  evidence  to  said  jury  of  the  necessity  to  use  the  site  so 
established. 


Proviso. 


When  jury 
to  be  sum- 
moned. 


Owner  to 
be  notified. 


Notice  in 
case  owner 
is  unknown. 


CONDEMNATION  :  The  jurisdiction  to  condemn  lands  for  a  schoplhonse 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. — 
Smith  v.  Seh.  Dist.,  40  / 145.  Proceedings  to  condemn  land  for  a  school- 
house  site  will  bp  quashed  it'  there  is  no  lawful  designation  thereof  shown 
by  the  records. — Heck  v.  Sch.  Dist.,  49/551.  For  the  constitutional  ques- 
tions involved  in  the  taking  of  private  property  for  public  use,  see  Const., 
Art.  XIII. 

(104)  §  5718.     SEC.  3.     It  shall  be  the  duty  of  such  cir- 
cuit  judge,    circuit   court   commissioner,   or   justice   of   the 
peace,  upon  such  application  being  made  to  him,  to  issue  a 
summons  or  venire,  directed  to  the  sheriff  or  any  constable 
of  the  county,  commanding  him  to  summon  eighteen  free- 
holders residing  in  the  vicinity  of  such  site,  who  are  in  nowise 
of  kin  to  the  owner  of  such  real  estate,  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner,  or  justice, 
at  the  time  and  place  therein  named,  not  less  than  twenty 
nor  more  than  fifty  days  from  the  time  of  issuing  such  sum- 
mons or  venire,  as  a  jury  to  ascertain  and  determine  the  just 
compensation  to  be  made  for  the  real  estate  required  by  such 
school  district  for  such  site,  or  for  the  enlargement  thereof, 
and  the  necessity  for  using  the  same,  and  to  notify  the  owner 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the 
county,  of  the  time  when  and  the  place  where  such  jury  i* 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  clays 
before  the  time  specified  in  such  summons  or  venire  for  the 
jury  to  appear  as  hereinbefore  mentioned. 

(105)  §  5719.      SEC.  4.     Thirty  days   previous  notice  of 
the  time  when  and  the  place  where  such  jury  will  assemble 
shall  be  given  by  the  district  board  of  such  district,  where 
the  owner  or  owners  of  such  real  estate  shall  be  unknown, 
non-residents    of   the    county,    minors,    insane,    non    compos 
mentis,  or  inmates  of  any  prison,  by  publishing  the  same  in  a 


GENERAL   SCHOOL  LAWS. 


55 


newspaper  published  in  the  county  where  such  real  estate  is 
situated:  or  if  there  be  no  newspaper  published  in  such 
county,  then  in  some  newspaper  published  in  the  nearest 
county  where  a  newspaper  is  published,  once  in  each  week 
for  four  successive  weeks,  which  notice  shall  be  signed  by  the 
district  board  or  by  the  director  or  treasurer  of  such  dis- 
trict, and  shall  describe  the  real  estate  required  for  such  site, 
or  for  the  enlargement  thereof,  and  state  the  time  when  and 
place  where  such  jury  will  assemble,  and  the  object  for  which 
they  will  assemble;  or  such  notice  may  be  served  on  such 
owner  personally,  or  by  leaving  a  copy  thereof  at  his  last 
place*  of  residence. 

(10(1 1  §  -iTiiO.  SBC.  5.  It  shall  be  the  duty  of  such  judge, 
commissioner,  or  justice,  and  of  the  persons  summoned  as 
jurors,  as  hereinbefore  provided,  and  of  the  sheriff  or  con- 
stable summoning  them,  to  attend  at  the  time  and  place 
specified  in  such  summons  or  venire;  and  the  officer  who  sum- 
moned the  jury  shall  return  such  summons  or  venire  to  the 
officer  who  issued  the  same,  with  the  names  of  the  persons 
summoned  by  him  as  jurors,  and  shall  certify  the  manner  of 
notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found ;  and  if  he  could  not  be  found  in  said  county,  he  shall 
certify  that  fact.  Kit  her  party  may  challenge  any  of  the 
said  jurors  for  the  same  causes  as  in  civil  actions.  If  more 
than  twelve  of  said  jurors  in  attendance  shall  be  found  quali- 
fied to  serve  as  jurors,  the  officer  in  attendance,  and  who 
issued  the  summons  or  venire  for  such  jury,  shall  strike  from 
the  list  of  jurors  a  number  sufficient  to  reduce  the  number  of 
jurors  in  attendance  to  twelve;  and  in  case  less  than  twelve 
of  the  number  so  summoned  as  jurors  shall  attend,  the  sheriff 
or  constable  shall  summon  a  sufficient  number  of  freeholders 
to  make  ii])  the  number  of  twelve;  and  the  officer  issuing 
the  summons  or  venire  for  such  jury,  may  issue  an  attach- 
ment lor  any  person  summoned  as  a  juror  who  shall  fail  to 
attend,  and  may  enforce  obedience  to  such  summons,  venire, 
or  attachment,  as  courts  of  record,  or  justices'  courts  are 
authorized  to  do  in  civil  cases. 

A  party  pns.nt.  «>r  represented,  at  the  empaneling  of  the  Jury  will  be 
deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then. — 
Smith  v.  School  Dist.,  40 

( 107  i  §  571' 1.  SK<  .  <l.  The  twelve  persons  selected  as 
the  jury  shall  be  duly  sworn  by  the  judge,  commissioner,  or 
justice  in  attendance,  faithfully  and  impartially  to  inquire, 
ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such 
site,  or  for  the  enlargement  thereof,  and  the  necessity  for 
using  the  same  in  the  manner  proposed  by  such  school  dis- 
trict; and  the  persons  thus  sworn  shall  constitute  the  jury 
in  such  case.  Subpoenas  for  witnesses  may  be  issued,  and 


Return  of 
venire  and 
proceedings 
thereon. 


Attachment 
may  issue 
t<>  enforce 
obedience 
to  process. 


Jury  to  be 
sworn. 


Subpoenas, 
witnesses. 


56 


STATE  OF  MICHIGAN. 


Court  to 
attach  cer- 
tificate. 


their  attendance  compelled  by  such  circuit  judge,  commis- 
sioner or  justice  in  the  same  manner  as  may  be  done  by  the 
W ascertain  circuit  court  or  by  a  justice's  court  in  civil  cases.  The  jury 
may  visit  and  examine  the  premises,  and  from  such  examina- 
tion and  such  other  evidences  as  may  be  presented  before 
them,  shall  ascertain  and  determine  the  necessity  for  using 
such  real  estate  in  the  manner  and  for  the  purpose  proposed 
by  such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  pur- 
pose proposed  by  such  school  district,  they  shall  sign  a  certifi- 
cate in  writing  stating  that  it  is  necessary  that  said  real 
estate,  describing  it,  should  be  used  as  a  site  for  a  school- 
house  for  such  district,  or  to  enlarge  its  existing  site;  also 
stating  the  sum  to  be  paid  by  such  school  district  as  the  just 
compensation  for  the  same.  The  said  circuit  judge,  circuit 
court  commissioner,  or  justice  of  the  peace,  shall  sign  and 
attach  to,  and  indorse  upon  the  certificate  thus  subscribed  by 
the  said  jurors,  a  certificate  stating  the  time  when  and  the 
place  where  the  said  jury  assembled,  that  they  were  by  him 
duly  sworn  as  herein  required,  and  that  they  subscribed  the 
said  certificate.  He  shall  also  state  in  such  certificate  who 
appeared  for  the  respective  parties  on  such  hearing  and 
inquiry,  and  shall  deliver  such  certificates  to  the  director,  or 
to  any  member  of  the  district  board  of  such  school  district. 

(108)  §  5722.     SEC.  7.     Upon  filing  such  certificates  in 
the  circuit  court  of  the  county  where  such  real  estate  is  sit- 
uated, such  court  shall,  if  it  finds  all  the  proceedings  regular, 
render  judgment  for  the  sum  specified  in  the  certificate  signed 
by  such  jury,  against  such  school  district,  which  judgment 
shall  be  collected  and  paid  in  the  manner  as  other  judgments 
against  school  districts  are  collected  and  paid. 

Smith  v.  Sch.  Dist.,  40/143..  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemna- 
tion of  a  site  were  irregular  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due. — Sch.  Dist.  v.  Judge,  49/432. 

(109)  §  5723.     SEC.  8.     In  case  the  owner  of  such  real 
estate  shall  be  unknown,  insane,  non  compos  mentis,  or  an 
infant,  or  cannot  be  found  within  such  county,  it  shall  be  law- 
ful for  the  said  school  district  to  deposit  the  amount  of  such 
judgment  with  the  county  treasurer  of  such  county,  for  the 
use  of  the  person  or  persons  entitled  thereto ;  and  it  shall  be 
the  duty  of  such  county  treasurer  to  receive  such  money,  and 
at  the  time  of  receiving  it,  to  give  a  receipt  or  certificate  to 
the  person  depositing  the  same  with  him,  stating  the  time 
when  such  deposit  was  made,  and  for  what  purpose ;  and  such 
county  treasurer  and  his  sureties  shall  be  liable  on  his  bond 
for  any  money  which  shall  come  into  his  hands  under  the 
provisions  of  this  act,  in  case  he  shall  refuse  to  pay  or  account 


Collection  of 
judgment. 


When    owner 
is  unknown, 
etc.,  money 
to  be  depos- 
ited  with 
county 
treasurer. 


GENERAL  SCHOOL  LAWS. 


57 


for  the  same,  as  herein  required:  Provided,  That  no  such 
money  shall  be  drawn  from  such  county  treasurer,  except 
upon  an  order  of  the  circuit  court,  circuit  court  commissioner, 
or  judge  of  probate,  as  hereinafter  provided. 

(110)  §  5724.     SEC.  9.     Upon  satisfactory  evidence  being 
presented  to  the  circuit  court  of  the  county  where  such  real 
estate  lies,  that  such  judgment,  or  the  sum  ascertained  and 
determined  by  the  jury  as  the  just  compensation  to  be  paid 
by  such  district  for  such  site,  or  for  such  addition  to  its  site, 
has  been  paid,  or  that  the  amount  thereof  has  been  deposited 
according  to  the  provisions  of  the  preceding  sections,  such 
court  shall,  by  an  order  or  decree,  adjudge  and  determine 
that  the  title  in  fee  of  such  real  estate  shall,  from  the  time  of 
making  such  payment  or  deposit,  forever  thereafter  be  vested 
in  such  school  district  and  its  successors  and  assigns,  and 
shall,  in  and  by  such  order  or  decree,  award  to  such  school 
district  a  writ  of  possession  for  the  recovery  of  the  posses- 
sion of  such  real  estate ;  a  copy  of  which  order  or  decree,  cer- 
tified by  the  clerk  of  said  county,  shall  be  recorded  in  the 
office  of  the  register  of  deeds  of  such  county,  and  the  title  of 
such  real  estate  shall  thenceforth,  from  the  time  of  making 
such  payment  or  deposit,  be  vested  forever  thereafter  in  such 
school  district  and  its  successors  and  assigns  in  fee. 

(111)  §  5725.    SEC.  10.    Such  school  district  may,  at  any 
time   after    making   the    payment    or   deposit    hereinbefore 
required,  enter  upon  and  take  possession  of  such  real  estate 
for  the  use  of  said  district.    And  it  shall  be  the  duty  of  the 
county  clerk  of  said  county,  on  the  request  of  said  school  dis- 
trict, to  issue  out  of  and  under  the  seal  of  the  circuit  court 
of  said  county  a  writ  of  possession  as  awarded  in  such  order 
or  decree;  which  writ  shall  be  directed  to  the  sheriff  of  said 
county,  and  shall  be  tested  and  made  returnable,  and  shall  be 
substantially,  so  far  as  may  be,  in  the  same  form  provided  for 
writs  of  possession  in  actions  of  ejectment;  and  it  shall  be 
the  duty  of  such  sheriff  thereupon  to  remove  the  respondent 
or  respondents  in  such  proceedings,  and  all  persons  holding 
under  them  or  either  of  them,  from  the  real  estate  described 
in  such  decree  and  in  such  writ,  and  deliver  the  possession 
thereof  with  the  appurtenances  to  such  school  district. 

(112)  §  5726.     SEC.  11.     In  case  the  jury  hereinbefore 
provided  for  shall  not  agree,  another  jury  may  be  summoned 
in  the  same  manner,  and  the  same  proceedings  may  be  had, 
except  that  no  further  notice  of  the  proceedings  shall  be  nec- 
essary: but  instead  of  such  notice,  the  judge,  commissioner, 
or  justice  may  adjourn  the  proceedings  to  such  time  as  he 
shall  think  reasonable,  not  exceeding  thirty  days,  and  shall 
make  the  process  to  summon  a  jury  returnable  at  such  time 
and  place  as  the  said  proceedings  shall  be  adjourned  to.  Such 
proceedings  may  be  adjourned  from  time  to  time  by  the  said 


Proviso,  how 
money  to  be 
drawn  from 
county 
treasurer. 


When  title 
to  be  vested 
in  district. 


When  district 
to  take 
possession. 


Writ  of  pos- 
session to  be 
issued  by 
county  clerk 
to  sheriff. 


Sheriff  to 

remove 

respondent. 


When  jury 
disagrees. 


Adjournments 
not  to  exceed 
three  months. 


58 


STATE  OF   MICHIGAN. 


Proceedings 
in  case 
property  is 
encumbered. 


judge,  or  commissioner,  or  justice,  on  the  application  of  either 
party,  and  for  good  cause,  to  be  shown  by  the  party  applying 
for  such  adjournment,  unless  the  other  party  shall  consent 
to  such  adjournment ;  but  such  adjournments  shall  not  in  all 
exceed  three  months. 

(113)  §  5727.     SEC.  12.     In   case  the  said   schoolhouse 
site,  or  land  required  to  enlarge  the  same,  is  encumbered  by 
mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mort- 
gagee, or  other  parties  claiming  to  be  interested  in  said  title 
shall  severally  be  made  a  party  to  the  procedure  as  afore- 
said, and  shall  be  authorized  upon  the  filing  of  the  certificate 
of  the  jury  in  the  circuit  court  of  said  county,  to  appear  before 
the  circuit  judge  and  make  proof  relative  to  their  propor- 
tionate claims  to  the  said  site,  or  the  compensation  to  be 
made  therefor,  as  determined  by  said  jury.    And  the  said  cir- 
cuit judge  shall,   by  decree,   settle  their  several  claims  in 
accordance  with  the  rights  of  the  parties  respectively,  and 
may  divide  the  sum  awarded  by  said  jury  between  the  claim- 
ants as  in  his  judgment  will  be  equitable  and  right,  rendering 
against  said  district  a   separate  judgment  for  each  of  the 
amounts  so  awarded. 

(114)  §  5728.     SEC.  13.     The  circuit  judge,  judge  of  pro- 
bate, or  circuit  court  commissioner  of  any  county  where  any 
money  has  been  deposited  with  the  county  treasurer  of  such 
county,   as  hereinbefore  provided,   shall,   upon   the   written 
application  of  any  person  or  persons  entitled  to  such  money, 
and  upon  receiving  satisfactory  evidence  of  the  right  of  such 
applicant  to  the  money  thus  deposited,  make  an  order,  direct- 
ing the  county  treasurer  to  pay  the  money  thus  deposited 
with  him  to  said  applicant;  and  it  shall  be  the  duty  of  such 
county  treasurer,  on  the  presentation  of  such  order,  with  the 
receipt  of  the  person  named  therein,  indorsed  on  said  order 
and  duly  acknowledged,  in  the  same  manner  as  conveyances 
of  real  estate  are  required  to  be  acknowledged,  to  pay  the 
same;  and  such  order,  with  the  receipt  of  the   applicant   or 
person  in  whose  favor  the  same  shall  be  drawn,  shall,  in  all 
courts  and  places,  be  presumptive  evidence  in  favor  of  such 
county  treasurer,  to  exonerate  him  from  all  liability  to  any 
person  or  persons  for  said  money  thus  paid  by  him. 

(115)  §  5729.    SEC.  14.    Circuit  judges,  circuit  court  com- 
missioners, and  justices  of  the  peace,  for  any  services  ren- 
dered under  the  provisions  of  this  act,  shall  be  entitled  to 
the  same  fees  and  compensation  as  for  similar  services  in 
other  special  proceedings.     Jurors,  constables,  and  sheriffs 
shall  be  entitled  to  the  same  fees  as  for  like  services  in  civil 
cases  in  the  circuit  court. 

(11.6)  §  5730.  SEC.  15.  In  case  any  circuit  judge,  cir- 
cuit court  commissioner,  or  justice  of  the  peace,  who  shall 
issue  a  summons  or  venire  for  a  jury,  shall  be  unable  to 
attend  to  any  of  the  subsequent  proceedings  in  such  case,  any 


How  money 
deposited 
with    county 
treasurer 
may  be 
drawn. 


Compensation 
of  officers, 
etc.,  on 
proceedings. 


When  judge, 
etc.,  unable 
to  attend, 
another  may 
finish  pro- 
ceedings. 


GENERAL  SCHOOL  LAWS. 


59 


>ther  circuit  court  commissioner  or  justice  of  the  peace  may 
ittend  and  finish   said    proceedings. 


AI'I'KAI.S 


rilAITKK    IX. 

AtTloN    (>F    TnW.NSIIIl'     I'.<»AKI>. 

(UTi  §  r»7.".l.  SKCTIO.X  1.  Win-never  jiny  live  or  more 
lax  paving  electors  having  taxable  property  within  any  aVtion  of 
school  district  shall  I'eel  themselves  aggrieved  by  any  action, 
order  or  decision  ol'  the  township  hoard  or  joint  hoards  with 
reference  to  I  he  formation  or  any  division  or  consolidation  of 
said  school  district,  they  may,  at  any  time  within  sixty  days 
from  the  time  of  such  action  on  the  part  of  said  hoard,  appeal 
from  sucli  action,  order  or  decision  of  said  hoard  to  the  county 
commissioner  of  schools  and  a  circuit  court  commissioner 
of  the  county  in  which  such  school  district  is  situated.  The 
county  commissioner  of  schools  ami  circuit  court  commis-  who  to  ' 
sioner  shall  constitute  a  hoard  of  appeals  for  all  such  cases  constitute- 
and  shall  he  entitled  to  the  usual  fees  provided  by  statute 
for  circuit  court  commissioner.  When  an  appeal  shall  be 
tiled  with  the  hoard  of  appeals  herein  provided  for,  said 
hoard  shall  serve  notice  on  the  clerk  of  the  township  hoard 
or  the  clerks  of  the  joint  boards  who  have  made  the  decision 
appealed  from,  and  said  clerk  or  clerks  shall  notify  the  sev- 
eral members  of  such  boa  I'd  of  such  appeal.  The  notice  to  townsWp 
the  clerk  ami  township  board  shall  state  the  day  and  hour  clerk,  what 
when  such  appeal  will  be  heard,  and  it  shall  be  the  duty  of 
said  hoard  of  appeals  to  review,  confirm,  set  aside  or  amend 
the  action,  order  or  decision  of  the  township  board  or  boards 
thus  appealed  from;  or  if  in  its  opinion  the  appeal  is  friv- 
olous or  without  snllicient  cause  it  may  summarily  dismiss 
l  he 


* 


si'i:«  TORS:  The  board  of  inspectors  act  in  the  exercise 
"t  a  puMic  discretionary  powr  in  creating  or  rhanirinj:  districts,  which  can 
In-  reviewed,  if  sit  all.  only  i»y  sunn-  direct  appellate  process  which  operates 
upon  tin-  proceedings  themselves  to  affirm,  reverse  or  change  them.  —  Clement 

v.    KV.T.  Bt,    -'.'       I'.i. 

AI'l'KAL:      Sci,,,,,i    JHsf.    v.    \\  ilcox.    48/404.     When    it    seems    an    appeal 
••oiiM    not    I..'    taken.      Srh.    Dist.    v.    S«-h.    Dist.,   63/57-8. 

nnliAUI:  The  issiun.ce  ,,f  a  writ  of  certiorari  being  largely  discre- 
tionary. and  not  permissible  to  accomplish  a  palpable  injustice,  a  writ  issued 
to  r.-vie\v  the  setting  aside  of  the  or^ani/at  ion  of  a  school  district  out  of 
the  territory  ,,f  t\\,.  others  will  he  dismissed  when  each  of  the  three  dis- 
tricts as  s..  organised  would  b<  financially  unahle  to  support  a  school  with- 
out Imposing  upon  ihi-  residents  a  greater  burden  than  they  are  able  to  hear. 

Silver  v.   Hamilton   Township   Hoard.   1  -KJ  /  ::;i:;. 

i  118)  §  57:'>±  SEC.  2.  Said  appellants  shall,  before  tak-  Appellant.  to 
ing  such  appeal,  make  out  and  tile  with  the  board  of  appeals 
a  written  statement,  to  he  signed  by  said  appellants,  setting 
forth  in  general  terms  the  action,  order  or  decision  of  the 
township  hoard  with  respect  to  which  the  appellants  feel 
themselves  aggrieved,  and  their  demand  for  an  appeal  there- 
from to  the  hoard  of  appeals,  and  shall  also  cause  to  be  exe- 
cuted and  signed  by  one  of  their  number,  and  by  two  good 


60 


STATE  OF   MICHIGAN. 


Township 
board,  when 
to  file  tran- 
script of  pro- 
ceedings, etc. 


and  sufficient  sureties  to  be  approved  by  the  board  of  appeals/ 
Bond,  a  bond  to  the  people  of  the  state  of  Michigan  in  the  penal 

sum  of  two  hundred  dollars,  conditioned  for  the  due  prosecu- 
tion of  said  appeal  before  said  board,  and  also  in  case  of  the 
dismissal  of  said  appeal  as  frivolous  by  said  board  for  the 
payment  by  said  appellants  of  all  costs  occasioned  by  reason 
of  said  appeal. 

BOND  :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and 
it  cannot  be  dispensed  with. — Clement  v.  Everest,  29/21.  The  appeal  is  not 
complete  without  such  approval. — Id. 

(119)  §  5733.  SEC.  3.  Upon  the  filing  of  such  appeal 
papers  and  bond  with  the  said  board  of  appeals  and  after 
notice  by  the  board  of  appeals  to  the  township  board  from 
whose  decision  appeal  is  taken,  said  township  board  shall 
within  ten  days  thereafter  make  out  and  file  with  the  said 
board  of  appeals  a  full  and  complete  transcript  of  all  its  pro- 
ceedings, actions,  orders  or  decisions  with  reference  to  which 
the  appeal  is  taken  and  of  its  records  of  the  same;  also  said 
bond  and  appeal  papers  and  all  petitions  and  remonstrances, 
if  any,  with  reference  to  the  matters  appealed  from,  and  upon 
the  filing  of  the  same  with  said  board  of  appeals  the  said 
board  shall  be  deemed  to  be  in  possession  of  the  case,  and  if 
the  return  be  deemed  by  it  insufficient  the  board  may  order  a 
further  and  more  complete  return  by  said  township  board, 
and  when  such  return  shall  by  it  be  deemed  sufficient  it  shall 
proceed  with  the  consideration  of  the  appeal  at  such  time  or 
times,  within  ten  days  after  such  return  in  such  manner  and 
under  such  affirmation,  amendment  or  reversal  of  the  action, 
order  or  decision  of  the  township  board  appealed  from,  as  in 
its  judgment  shall  seem  to  be  just  and  right;  or  if  it  deem  the 
appeal  to  be  frivolous  it  may  summarily  dismiss  the  same. 


Organization 
of  graded 
school 
district. 


Notice  of 
intent. 

Board  of 
education. 


CHAPTER  X. 

GRADED  SCHOOL  DISTRICTS. 

(120)  §  5734.  SECTION  1.  Any  school  district  containing 
more  than  seventy-five  children  between  the  ages  of  five  and 
twenty  years,  may,  by  a  majority  vote  of  the  qualified  voters 
present  at  any  annual  or  special  meeting,  organize  as  a  graded 
school  district.  The  intention  to  submit  the  question  of  the 
organization  of  a  graded  school  district  shall  be  expressed  in 
the  notice  of  such  annual  or  special  meeting.  When  such 
change  in  the  organization  of  the  district  shall  have  been 
voted,  the  voters  at  such  annual  or  special  meeting  shall 
proceed  immediately  to  elect  by  ballot  a  board  of  education 
of  five  members,  one  member  for  the  term  of  one  year,  two 
for  the  term  of  two  years  and  two  for  a  term  of  three  years, 
and  annuallv  thereafter  a  successor  or  successors  to  the  mem- 


GENERAL  SCHOOL  LAWS.  61 

b  r  or  members  whose  term  of  office  shall  expire.    Any  quali-  who  eligible. 

fi'  d  voter  in  such  district  whose  name  appears  upon  the 

assessment  roll  at  the  time  of  such  election  and  who  is  the 

o  oier  in  his  own  right  of  the  property  so  assessed,  shall  be 

el  gible  to  election  or  appointment  to  the  office  of  member  of 

t)  e  board  of  education.     In  the  election  of  members  of  the 

b>  ard  of  education  and  all  other  school  officers,  the  person 

r<  ceiving  a  majority  of  all  the  votes  shall  be  declared  elected : 

T  -ovided,  That  all  graded  school  districts  organized  prior  Proviso. 

t<    the  year  nineteen  hundred  seven  shall  operate  after  the 

p  .ssage  of  this  act  under  the  provisions  of  this  act  without 

r»  organization :    And  provided  also,  That  in  all  sucK  districts  provlB°- 

tl  e  members  of  the  board  of  education  hereafter  elected  shall 

b    elected  under  the  provisions  of  this  act. 

Am.  1917,  Act  15. 

Simpklns  v.  Ward,  45  /  562. 

CUSTODY  OF  RECORDS :  The  proceedings  provided  by  statute,  sections 
9  43-9851  C.  L.,  13554n-13562n  C.  L.  1915  (chap  39,  judicature  act  of  1915), 
t<  compel  delivery  of  books  and  papers  by  a  public  officer  to  his  successor, 
a  e  not  adapted  to  a  determination  of  the  rights  of  contestants  to  any  office, 
b  t  are  merely  appropriate  for  ascertaining  whether  a  petitioner  is  prima 
ti  :ie  such  an  officer  as  entitles  him  to  possession  of  the  books  and  papers  of 
tl  e  office.  After  an  adjudication  of  this  question  by  a  court  of  competent 
}\  risdiction  the  defeated  party  can  not  review  the  judgment  by  certiorari  and 
tl  ereby  defeat  the  object  of  the  statute,  but  must  resort  to  quo  warranto  or 

0  her  proceedings  appropriate  to  try  title  to  an  office. — Murta  v.  Carr,  140  / 
6  6. 

GRADED  SCHOOL  DISTRICTS:  The  wisdom  of  the  graded-school-dis- 
ti  let  act  was  vindicated  in  Stuart  v.  Sch.  Dist.,  30/69,  and  its  validity 
d  termined. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439.  It  is  competent  under 
tl  e  constitution  to  provide  by  taxation  for  free  instruction  in  the  higher 
d  partments  of  education,  in  union  and  high  schools. — Stuart  v.  Sch.  Dist., 
3-  /  69.  Union  and  graded  schools,  whether  organized  under  the  general  law 

01  created    by    special   enactment    are   subject    to   the   general   primary   school 
If  w,  except  as  otherwise  provided  in  the  law  creating  them. — People  v.  Detroit 
Brnrd  of  Education,  18/411;  Keweenaw  Ass'n  v.  Sch.  Dist.,  98/442. 

ALL  OTHER  OFFICERS:  The  term  "all  other  school  officers"  includes 
tl  e  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
D  •  others  to  whom  it  could  refer,  as  the  trustees  are  the  only  officers  to  be 
e  1  )cted  in  graded  school  districts. — Cleveland  v.  Amy,  88  /  377. 

LEGISLATIVE  PROVISIONS  :  The  constitution  does  not  require  an  abso- 
h  te  uniformity  in  school  districts  throughout  the  state  and  the  legislature 
h  is  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
k<  pt  up  ;  graded  schools  have  been  established  ;  boundaries  of  districts  changed 
a  id  fixed  by  the  legislature ;  and  the  qualifications  of  electors  at  school  meet- 
ii  gs  have  been  fixed,  limiting  the  classes  entitled  to  vote  and  providing  excep- 
ti  >nal  methods  of  electing  officers.  The  mayor  of  Grand  Rapids  is  made  a 
ti  ustee  and  ex-officio  member  of  the  board  of  education  ;  and  being  a  trustee 
hi  is  eligible  to  the  office  of  president  of  the  board.  The  president  of  the 
b»ard  has  the  veto  power.  The  mayor  of  Alpena  is  president  of  the 
b  »ard,  and  the  trustees  elected  constitute  the  board,  and  exercise  all  the 
powers  and  perform  the  duties  of  trustees.  The  mayor  of  Detroit,  as  ex-offlcio 
n:  ember  of  the  board  of  education  has  the  veto  power,  and  this  provision  is 
constitutional. — Pingree  v.  Board  of  Education,  99/407-9.  It  is  no  new 
tiling  for  the  legislature  to  fix  the  boundaries  of  school  districts.  It  is  done 
by  the  charter  of  nearly  every  city  or  village  in  the  state,  and  some  of  them 
g>  so  far  as  to  provide  exceptional  methods  of  electing  officers  and  limiting  the 
c  asses  entitled  to  vote  (citing  Mudge  v.  Jones,  59/165). — Keweenaw  Ass'n 
Sch.  Dist.,  98  /  441.  And  in  Perrizo  v.  Kesler.  93  /  280,  an  act  providing 
f«.r  the  organization  of  school  districts  from  entire  townships  was  held  valid. 

(121)     §  5735.     SEC.  2.     Within  ten  days  after  his  elec-  Acceptance 
ion,  each  member  shall  file  with  the  secretary  of  the  board  of°mce- 
n  acceptance  of  the  office  to  which  he  has  been  elected, 
ccompanied  by  an  affidavit  setting  forth  the  fact  of  eligibility 
s  described  in  section  one  of  this  chapter.     The  board  of  Organization 
ducation  shall  annually,  and  within  fifteen  days  after  the  ofboard- 
nnual  meeting,  or  within  fifteen  days  after  the  organization 
inder  this  act,  elect  from  its  own  number  a  president,  a  secre- 


62 


STATE   OF   MICHIGAN. 


Vacancies. 


Bond  of 
treasurer. 


Township 
board  or 
city  council 
may  appoint 
officers  of 
board. 


tary  and  a  treasurer,  and  for  cause  may  remove  the  same 
from  such  offices  and  may  appoint  others  of  their  number  in 
such  places,  and  these  officers  shall  perform  the  duties  pre- 
scribed by  the  general  school  law  for  the  moderator,  director 
and  treasurer  of  the  district,  except  as  hereinafter  provided. 
The  board  of  education  shall  have  power  to  fill  any  vacancy 
tjiat  may  occur  in  its  number  until  the  next  annual  meeting, 
and  if  three  vacancies  occur  at  the  same  time  a  special  meet- 
ing of  the  district  shall  be  called  to  elect  members  of  the 
board  to  fill  such  places.  Within  thirty  days  after  his 
appointment,  the  treasurer  of  the  board  shall  file  with  the 
secretary  an  official  bond  in  such  an  amount  and  form  as  may 
be  determined  by  said  board.  Said  bond  may  be  either  per- 
sonal or  of  some  surety  company  authorized  to  do  business  in 
this  state,  and  it  shall  be  given  for  a  sum  not  less  than  the 
greatest  amount  of  money  that  the  treasurer  may  have  in 
his  possession  or  under  his  control  at  any  time  during  his 
term  of  office,  as  near  as  the  same  can  be  determined.  When 
a  personal  bond  is  given  it  shall  be  signed  by  not  less  than 
two  sureties,  each  of  whom  shall  justify  under  oath  to  the 
full  amount  of  the  bond.  If  a  surety  bond  is  required  and 
purchased,  it  may  be  at  the  expense  of  the  district.  When- 
ever, in  any  case,  the  board  of  education  shall  fail  or  neglect 
to  elect  the  officers  of  the  board  named  in  this  section  within 
fifteen  days  next  after  the  annual  meeting,  or  after  the  organ- 
ization of  the  district,  the  township  board  or  the  common 
council  of  any  city  within  which  said  district  is  located  shall 
appoint  the  said  officers  from  the  members  of  the  board. 

VACANCIES — COSTS  :     The  minority  of  a  school  board  have  no  authority 
to   commence   an   action    in   its   name,    and,   if   they  do   so,    they  will   be   ii 
virtually  responsible  for  the  costs. — Johnston  v.  Mitchell,  120  /  589. 

(122)     §  5736.     SEC.  3.    It  shall  be  the  duty  of  the  boai 
of  education  in  any  graded  school  district: 

First,  To  determine  the  course  of  study  to  be  pursued  and 
to  cause  the  pupils  attending  school  in  such  district  to  be 
taught  in  such  schools  or  departments  as  they  may  deem 
expedient ; 

Second,  To  establish  in  such  district  a  high  school,  when 
directed  by  a  vote  of  the  district  at  any  annual  or  special 
meeting,  and  to  determine  the  qualifications  for  admission 
to  such  high  school  and  the  fees  to  be  paid  for  tuition  by 
non-resident  students:  Provided,  That  when  non-resident 
students,  their  parents  or  legal  guardians  shall  pay  a  school 
tax  in  said  district,  the  same  shall  be  credited  on  their  tui- 
tion a  sum  not  to  exceed  the  amount  of  such  tuition,  and 
they  shall  only  be  required  to  pay  tuition  for  the  difference 
between  the  amount  of  the  tax  and  the  amount  charged  f( 
tuition ; 

Third,  To  audit  and  order  the  payment  of  all  accounts 
the  secretary  for  incidentals  or  other  expenses  incurred  by 
him  in  the  discharge  of  his  duties;  but  not  more  than  01 


Board  of 
education. 

To  determine 
course  of 
study. 


To  establish 
high  school. 


Proviso, 
tuition  of 
non-residents. 


To  audit 
accounts  of 
secretary. 


:; 

by 


<;K\KKAI.  SCHOOL  LAWS. 


To  estimate 
and  vote 
amount  of 
tax. 


To  employ 
superin- 
tendent of 
schools. 


Duties  of 
superin- 
tendent. 


hi  ulred  dollars  shall  he  expended  by  the  secretary  in  one 
ye  r  for  repairs  of  buildings  or  appurtenances  of  the  dis- 
tri  :t  property  or  for  necessary  appendages  without  the 
an  hority  of  the  board  of  education: 

^onrth.  To  estimate  ami  vote  the  amount  of  tax  neces- 
sa  y,  in  addition  to  other  school  funds,  for  teachers'  wages, 
fU'-l  and  incidental  expenses,  for  the  ensuing  year,  and  when 
th  voters  fail  or  neglect  to  vote  the  same1,  to  estimate  and 
vo  e  the  amount  of  tax  necessary  for  salaries  of  officers  and 
se  vants,  and  when  such  tax  has  been  voted  by  the  board  of 
ed  ication  it  shall  be  reported  to  the  assessing  officer  in  the 
sa  ne  manner  as  other  taxes  of  the  district  are  reported; 

?ifth.  In  all  villages  and  cities  organized  as  graded  school 
di  tricts  under  the  provisions  of  this  act.  in  which  districts 
si  or  more  teachers  are  employed,  to  employ  a  superintendent 
of  schools  who  shall  be  the  holder  of  at  least  a  state  life  cer- 
ti  cate  or  a  normal  school  diploma,  or  who  shall  have  educa- 
ti<  nal  qualifications  equivalent  thereto,  and  said  superin- 
te  ident  shall  have  the  following  duties: 

(a)  To  recommend  in  writing  all  teachers  necessary  for 
tli  •  schools,  and  to  suspend  any  teacher  for  cause  until  the 
In  ird  of  education,  or  a  committee  of  such  board,  may  con- 
sider such  suspension; 

(b)  To  classify  and  control  the  promotion  of  pupils; 

(c)  To    recommend    to    the    board   the   best   methods   of 
ai  ranging  the  course  of  studv  and  the  proper  text-books  to  be 
used; 

(d)  To  make  reports  in  writing  to  the  board  of  education 
aid  to  the  superintendent  of  public  instruction  annually  or 
oftener  if   required,   in   regard  to  all  matters  pertaining  to 

(e  educational  interests  of  the  district; 
(e)     To  supervise  and  direct  the  work  of  the  teachers; 
if  i     To  assist  the  board  in  all  matters  pertaining  to  the 
neral    welfare  of .  the  school  and  to  perform   such   other 
ties  as  the  board   may   determine; 

Sixth,  To  employ  all  legally  qualified  teachers  necessary 
for  the  several  schools  upon  recommendation  of  the  superin- 
tendent, and  to  determine  tiie  amount  of  their  compensation, 
ai  d  to  require  the  secretary  and  president  to  make  contracts 
w  th  the  same  on  behalf  of  the  district  in  accordance  with 
the  provisions  of  law  governing  contracts  with  teachers:  Pro- 
vided. That  the  board  of  education  may  employ  a  teacher  hot 
n  commended  by  the  superintendent,  or  may  reinstate  a 
•  teacher  suspended  by  the  superintendent; 

k  Seventh,  To  employ  such  oilier  officers  and  servants  as  may 
•  necessary   for  the   management   of  the  schools  and   school 
•operty.    and    to    prescribe   their   duties   and    tix    their   com- 
pensation ; 

Kighth.  To  perform  such  other  duties  as  are  required  of 
d  strict  boards  in  other  school  districts,  or  as  may  be  neces- 
8i. ry  to  the  general  welfare  of  the  school  and  district. 


To  employ 
teachers, 
determine 
salary  of,  etc. 


Proviso. 


To  employ 

other 

officers. 


Other  duties 
of  board. 


STATE  OF  MICHIGAN. 


FIRST:  To  classify  and  grade. — People  v.  Detroit  Bd.  of  Ed.,  18/412. 
(Jnder  our  system  it  is  common  and  convenient  to  have  the  various  grades 
In  one  building  and  there  is  nothing  illegal  in  it. — Hathaway  v.  New  Balti- 
more, 48/255.  The  authority  to  classify  and  grt.de  the  pupils  and  prescribe 
the  course  of  studies  confers  the  power  to  provide  for  teaching  music  and  to 
purchase  a  piano  for  such  purpose. — Knabe  v.  Board  of  Education,  67/262. 

FOURTH  :  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  reso- 
lution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director. — Farrell  v.  Sch.  Dist.,  98/43  (citing  Crane  v.  Sch.  Dist.,  61/299). 
The  board  has  power  to  employ  a  qualified  teacher  for  the  ensuing  year  prior 
to  the  annual  school  meeting. — Id.  (citing  Tappan  v.  Sch.  Dist.,  44/500; 
Cleveland  v.  Amy,  88  /  374).  The  power  to  employ  teachers  conferred  upon 
the  district  boards  of  primary  schools  is  co-extensive  with  that  conferred 
upon  the  boards  of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88  /  376. 
Teachers  in  graded  schools  are  required  to  have  certificates  in  the  same  man- 
ner as  teachers  in  primary  schools ;  but  a  person  employed  by  the  board  to 
superintend  and  manage  the  schools  need  not  be  a  teacher  nor  have  a  teacher's 
certificate. — Davis  v.  Sch.  Dist.,  81  /  214.  The  trustees  are  empowered 
to  employ  all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to 
be  decided  by  their  sound  discretion. — Tappan  v.  Sch.  Dist.,  .44  /  502. 

FIFTH  :  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist.,  30  /  85.  Qualification  of  superintendents,  see  Davis  v.  Sch.  Dist.,  81  / 
219-20. 

SIXTH :  A  contract  between  a  teacher  and  a  graded  school  district  Is 
invalid,  unless  a  teacher,  at  the  time  of  making  the  contract,  has  the  cer- 
tificate required  by  section  281,  authorizing  her  to  teach  during  the  term 
covered  by  the  contract ;  obtaining  a  certificate  after  the  making  of  the  con- 
tract, and  before  commencement  of  school,  is  not  a  compliance  with  the 
statute.— McCloskey  v.  Sch.  Dist.,  134  /  235. 


Altering 
boundaries  of 
graded  school 
district. 


Proviso, 
appeal. 


Bond, 
amount,  etc. 


Probate  judge 
to  review 
action. 


(123)  §  5737.  SEC.  4.  No  alterations  shall  be  made  in  the 
boundaries  of  any  graded  school  district  without  the  consent 
of  a  majority  of  the  trustees  of  said  district,  which  consent 
shall  be  spread  upon  the  record  of  the  district,  and  placed  on 
file  in  the  office  of  the  clerk  of  the  township  or  city  to  which 
the  reports  of  said  district  are  made:  Provided,  however, 
That  any  three  or  more  taxpaying  electors  having  children 
between  the  ages  of  five  and  twelve  years,  feeling  themselves 
aggrieved  by  any  action,  order  or  decision  of  the  board  of 
trustees  with  reference  to  the  alteration  of  said  school  dis- 
trict affecting  their  interests,  may,  at  any  time  within  sixty 
days  from  the  time  of  such  action  on  the  part  of  said  board 
of  trustees,  appeal  from  such  action,  order  or  decision  of  such 
board  of  school  trustees  to  the  judge  of  probate  of  the  county 
in  which  such  schoolhouse  is  situated  in  the  same  manner, 
as  nearly  as  may  be,  as  appeals  from  the  action  of  the  town- 
ship board,  as  provided  by  chapter  nine  of  this  act.  Said 
appellants  shall  file  a  bond  with  said  judge  of  probate,  with 
sufficient  sureties  to  be  approved  by  said  judge  of  probate,  in 
the  penal  sum  of  not  exceeding  two  hundred  dollars  in  the 
discretion  of  the  judge  of  probate,  indemnifying  said  school 
district  of  any  and  all  costs  made  on  such  appeal  in  case  the 
appellants  shall  not  prevail  therein.  Whereupon  said  judge 
of  probate  shall  be  empowered  to  entertain  such  appeal,  and 
review,  confirm  or  set  aside  or  amend  the  action  of  the  board 
of  the  trustees  appealed  from. 


., 


Am.  1919.  Act  351. 

NO    ALTERATION :     People    v.    Ryan,    19  /  207 ;    Simpkins    v.    Ward, 
559 ;    Burnett    v.    Inspectors,    97  / 103.      Addition    of    territory    by    legislative 
action. — Keweenaw  Ass'n  v.   Sch.  Dist.,  98/439-41. 

(124)     §  5738.    SEC.  5.    Whenever  two  or  more  contiguous 
districts,  having  together  more  than  one  hundred  children 


bel 
lis] 
th( 

a  n 

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bu 


<  M:\ERAL  SCHOOL  LAWS 

veen  the  ages  of  five  and  twenty  years,  after  having  pub- 
ed  in  the  notices  of  the  annual  meetings  of  each  district 
intention  to  take  such  action,  shall  severally,  by  a  vote  of 
ajority  of  the  qualified  voters  attending  the  annual  meet- 
<  in  said  districts,  determine  to  unite  for  the  purpose  of 
blishing  a  graded  school  district  under  the  provisions  of 

chapter,  the  township  board  of  the  township  or  town- 
)S  in  which  such  districts  may  be  situated  shall,  on  being 
perly  notified  of  such  vote,  proceed  to  unite  such  districts, 

shall  appoint  as  soon  as  practicable  a  time  and  place  for 
eeting  of  the  new  district,  and  shall  require  three  notices 
he  same  to  be  posted  in  eacli  of  the  districts  so  united  at 
,t  live  days  before  the  time  of  such  meeting,  and  at  such 
:ting  the  district  shall  elect  a  board  of  trustees,  as  pro- 
'(1  in  section  one  of  this  chapter,  and  may  do  whatever 
iness  may  be  done  at  any  annual  meeting. 

I    irton   v.   Koch,   184/253. 

li>5)  §  5739.  SEC.  6.  Whenever  the  trustees  of  any 
orj  anized  graded  school  district  shall  be  presented  twenty 
da  s  before  the  annual  meeting  thereof  with  a  petition  signed 
by  ten  voters  of  said  district,  stating  that  it  is  the  desire  of 
sai  1  petitioners  that  at  the  annual  meeting  of  said  school  dis- 
tri  't  there  shall  be  submitted  to  said  annual  meeting  the  prop- 
osi  ion  to  change  from  a  graded  school  district  to  one  or  more 
primary  school  districts,  the  said  trustees  shall,  in  their 
no  ice  of  such  annual  meeting,  state  that  the  proposition  set 
foi  th  in  said  petition  will  be  presented  to  said  meeting,  and 
if  two-thirds  of  the  qualified  voters  present  at  said 
me  'tinjj  shall  vote  to  change  to  one  or  more  primary  school 
districts  such  change  shall  be  made,  and  it  shall  be  the  duty 
of  lie  township  board  of  the  township  or  townships  in  which 
such  district  is  situated,  upon  being  duly  notified  of  such 
vole,  to  proceed  to  change  or  divide  such  district  as  deter- 
mi  led  by  such  annual  meeting,  and  they  shall  provide  for  the 
holding  of  the  first  meeting  in  the,  or  each  of  the,  proposed 
primary  school  districts  in  the  same  manner  as  is  provided 
foi  by  law  for  the  organization  of  primary  school  districts, 
an<l  whenever  a  fractional  graded  school  district  shall  be  so 
changed,  the  township  boards  of  the  respective  townships 
where  such  graded  school  district  is  situated  shall  organize 
th(!  said  district  into  one  or  more  primary  school  districts,  as 
provided  for  by  law. 


65 


Gr.ulod 
school 
district, 
certain  dis 
tricts  may 
unite  for. 


Township 
board, 
duty  of. 


Notices, 
posting  of. 

Board  of 
trustees, 
election  of. 


Primary 
school 
districts, 
when  may 
change  to. 


Township 
board, 
duty  of. 


First 
meeting. 


Fractional 
districts. 


CHAPTER  XI. 


LIBRARIES. 


1(126)     §  5740.     SECTION  1.    A  library  may  be  maintained 
each  organized  township  or  city  which  shall  be  the  prop- 


Who 

may 
maintain. 


STATE  OF  MICHIGAN. 


Proviso, 
abandonment. 


Further 

proviso,  in 
case  of 
legal  action. 

Further 

proviso, 

township 

school 

district. 


erty  of  the  township  or  city  and  under  the  control  of  the 
township  board  of  said  township  or  the  board  of  education 
of  the  village  or  city.  All  actions  relating  to  such  library  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township 
or  city :  Provided,  That  if  in  the  judgment  of  said  township 
board  the  people  of  said  township  will  be  better  served  by 
disposing  of  said  library  to  the  several  school  districts  of  the 
township,  said  board  shall  have  authority  to  take  such  action, 
or  the  said  board  may  authorize  the  merging  of  the  township 
library  into  a  free  public  library  in  accordance  with  the 
statutes  authorizing  the  establishment  of  such  free  public 
libraries,  and  after  such  merging  the  free  public  library  so 
established  shall  receive  all  the  books  of  the  former  town- 
ship library,  and  the  township  library  shall  be  considered 
abandoned:  Provided  further,  That  when  any  legal  action 
is  taken  or  becomes  necessary  concerning  the  township 
library  the  township  clerk  shall  represent  the  township  in  all 
actions  concerning  said  library:  Provided  further,  That 
when  any  township  has  already  been  organized  as  a  township 
school  district  or  shall  hereafter  be  organized  as  a  township 
school  district,  the  control  of  the  township  library  shall  pass 
from  the  township  board  to  the  board  of  education  of  such 
township,  and  all  rights,  powers  and  duties  heretofore  exer- 
cised by  the  said  township  board  or  the  members  thereof  shall 
be  thereafter  exercised  and  performed  by  the  township  board 
of  education  through  the  proper  officers. 

(127)  §  5741.     SEC.  2.    All  persons  who  are  residents  of 
the  township"  shall  be  entitled  to  the  privileges  of  the  town- 
ship library,  subject  to  such  rules  and  regulations  as  may  be 
lawfully  established  in  relation  thereto :    Provided,  That  per- 
sons residing  within  the  boundaries  of  any  school  district 
in  which  a   district  library  has  been   established  shall   be 
entitled  to  the  privileges  of  such  district  library  only. 

(128)  §  5742.     SEC.  3.     The  township  board  shall  have 
charge  of  the  township  library  and  the  township  treasurer 
shall  apply  for  and  receive  from  proper  authorities  all  moneys 
appropriated  for  the  township  library  and  shall  keep  a  sep- 
arate account  of  such  funds.     The  township  treasurer  shall 
pay  out  such  library  moneys  on  the  order  of  the  township 
clerk,  countersigned  by  the  supervisor.     The  township  board 
shall  purchase  books  and  procure  the  necessary  appendages 
for  the  township  library:     Provided,  That  when  the  town- 
ship library  shall  pass  to  the  control  of  the  township  board 
of  education,  the- township  treasurer  shall  continue  to  apply 
for  and  receive  all  library  moneys  and  pay  them  over  to  the 
treasurer  of  the  board  of  education  upon  proper  warrant  of 
the  township  district.    In  villages  or  cities  the  treasurer  of 
the  board  of  education  shall  apply  for  and  receive  all  moneys 


Who  are 

entitled  to 
privileges 
of  library. 

Proviso. 


Township 

library,  who 
to  have 
charge  of, 
etc. 


Proviso, 
passing  of 
control  to 
board  of 
education. 


Cities  or 
villages. 


GENERAL  SCHOOL  LAWS. 


Who 

accountable 
for  care,  etc. 
of  library. 


Township 
library,  where 
kept. 

Librarian, 
appointment, 
term,  etc. 


a  >portioned  or  appropriated  for  libraries  and  shall  disburse 
s  ch  funds  in  the  same  manner  as  other  educational  funds. 

(129)  §  5743.  SEC.  4.  Said  board  shall  be  held  account- 
a  >le  for  the  proper  care  and  preservation  of  the  township 
li  >rary,  and  shall  have  power  to  provide  for  the  safe  keeping 
o  the  same,  to  prescribe  the  time  for  taking  and  returning 
b  >oks,  to  assess  and  collect  fines  and  penalties  for  the  loss 

0  injury  of  said  books,  and  to  establish  all  other  needful 
r  iles  and  regulations  for  the  management  of  the  library,  as 
s  id  board  shall  deem  proper,  or  the  superintendent  of  public 

1  struction  may  advise. 

(1MO)  §  5744.  SEC.  5.  The  township  board  shall  cause 
t  e  township  library  to  be  kept  at  some  central  and  suitable 
\  ace  in  the  township  which  it  shall  determine.  Said  board 
s  .all  also,  within  ten  days  after  the  annual  township  meet- 
i  g,  appoint  a  librarian  for  the  term  of  one  year  to  have  the 
c  iv  :ind  superintendence  of  said  library,  and  such  librarian 
s  all  be  responsible  to  the  township  board  for  the  impartial 
e  iforcenient  of  all  rules  and  regulations  lawfully  established 
i  relation  to  said  library. 

(  KU)  §  5745.  SEC.  6.  Any  school  district,  by  a  majority 
v  >te  at  an  annual  or  special  meeting,  may  establish  a  school 
(1  strict  library,  due  notice  of  said  action  to  be  stated  on  the 
a  mual  or  special  meeting  notice,  and  such  district  shall  be 
e  ititled  to  its  just  proportion  of  books  from  the  library  of 
a  ly  township  in  which  it  is  wholly  or  in  part  situated,  to  be 
a  Ided  to  the  district  library,  and  also  to  its  equitable  share 
o '  any  library  moneys  remaining  unexpended  in  any  such 
township  or  townships  at  the  time  of  the  establishment  of 
s  ich  district  library  or  that  shall  thereafter 'be  raised  by  tax 
m  such  township  or  townships  or  that  shall  thereafter  be 
a  ^portioned  to  the  township  for  library  purposes. 

(132)  §  5746.  SEC.  7.  The  district  board  of  any  school 
d  strict  or  the  board  of  education  of  any  township  school  dis- 
trict, village  or  city  in  which  a  library  may  be  established 
in  accordance  with  the  provisions  of  this  act,  shall  have 
cl  large  of  such  library  and  provide  the  necessary  conveniences 
f(»r  the  proper  care  of  such  library,  and  said  board  shall  be 
responsible  for  and  shall  use  all  moneys  raised  or  appor- 
tioned for  its  support  in  accordance  with  the  provisions  of 
Irw. 


School 
district 
library, 
how  may 
be  estab- 
lished, etc. 


Share  of 
books  and 
money. 


Library, 
who  to 
have  charge 
of,  etc. 


Libraries  are  within  the  proper  range  of  school  apparatus ;  and  there  Is 
in  'thing  in  our  laws  which  cuts  off  public  corporations  from  accepting  benevo- 
lent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their  people, 
b.  onlarging  their  opportunities  for  culture  and  refinement  without  multiply 
irg  or  increasing  their  burdens. — Maynard  v.  Woodard,  36/425,  427. 


STATE  OF   MICHIGAN. 


Township 
clerk  to 
report 
annually. 


Director, 
report  of, 
what  to 
include. 


Failure  to 
report. 


Forfeiture 
of  library 
moneys. 


Annual 
statement  of 
townships, 
etc.,   entitled 
to  library 
money. 


Statement 
and  copy, 
to  whom 
furnished. 

Certain  fines. 


When 
applied  t-> 
support  of 
libraries. 


(133)  §  5747.     SEC.  8.     The  township  clerk  shall  give  in 
his  annual  report  to  the  superintendent  of  public  instruction 
such  facts  and  statistics  relative  to  the  management  of  the 
township  library  and  the  library  moneys  thereof  as   said 
superintendent  of  public  instruction  shall  direct,  and  the  dis- 
trict board  or  board  of  education  of  any  district,  village  or 
city  having  a  library  shall  give  in  the  annual  report  of  the 
director  or  secretary  such  facts  and  statistics  relative  to  the 
library  as  the  state  superintendent  of  public  instruction  may 
direct,  and  where  school  officers  report  to  the  township  clerk 
they  shall  include  similar  information  in  said  report  to  said 
clerk. 

(134)  §5748.     SEC.  9.     In  case  the  township  board  of  any 
township,  or  the  district  board  of  any  school  district,  or  the 
board  of  education  of  any  village,  city  or  township,  shall  fail 
to  make  the  reports  required  by  this  act,  or  in  case  it  shall 
appear  that  any  township  or  school  district  or  township  dis- 
trict, village  or  city  has  failed  to  use  the  library  money  in 
strict  accordance  with  the  provisions  of  law,  such  township 
or  district  or  township  district,  village  or  city  shall  forfeit 
its  share  of  the  library  moneys  that  are  apportioned  for  the 
ensuing  year  and  such  money  shall  be  apportioned  to  other 
township  districts,  villages  or  cities  in  the  county  as  here- 
inafter provided. 

(135)  §  5749.     SEC.  10.     The  superintendent  of  public 
instruction  shall  annually,  and  previous  to  the  fifteenth  day 
of  July  transmit  to  the  clerk  of  each  county  a  statement  of 
the  townships,  districts,  township  districts,  villages  and  cities 
in  his  county  that  are  entitled  to  receive  library  moneys, 
giving  the  number  of  children  in  each  case  between  the  ages 
of  five  and  twenty  years  as  shall  appear  from  the  annual 
reports  of  such  townships,  districts,  township  districts,  vil- 
lages or  cities  for  the  school  year  last  ending.     Said  clerk 
shall  file  such  statement  in  his  office  and  shall  forthwith  fur- 
nish a  copy  thereof  to  the  county  treasurer.    The  state  super- 
intendent shall  also  furnish  a  copy  of  such  statements  to  the 
township  clerks  or  city  clerks  in  each  county. 

(136)  §  5750.    SEC.  11.    The  proceeds  of  all  fines  for  any 
breach  of  the  penal  laws  of  this  state,  when  collected  in  any 
county  and  paid  into  the  county  treasury,  together  with  all 
moneys  heretofore  collected  and  paid  into  said  treasury  on 
account  of  such  fines  and  not  already  apportioned,  shall  be 
apportioned  by  the  county  treasurer  in  accordance  with  the 
directions  of  the  superintendent  of  public  instruction,  as  pro- 
vided in  the  preceding  section,  before  the  first  day  of  August 
in  each  year  among  the  several  townships,  districts,  town- 


GENERAL  SCHOOL  LAWS.  69 

ship  districts,  villages  and  cities  in  the  county,  which  money 
when  received  by  the  proper  authorities  shall  be  exclusively 
applied  to  the  support  of  township,  district,  township  dis- 
trict, village  and  city  libraries  and  to  no  other  purposes. 

PINES,  ETC. :     See  Const.,  Art.  XI,  section  14. 

(137)     §5751.    SEC.  12.    The  qualified  voters  of  each  town-  J^JJ^J. 
ship   shall    have   power   at    any    annual    township    meeting,    support  of 
to  vote  a   tax  for  the  support  of  libraries   established  in   ] 
accordance  with  the  provisions  of  this  act,  and  the  qualified 
voters  of  any  school  district,  in  which  a  district  library  shall 
be  established,  shall  have  power,  at  any  annual  meeting  of 
such  district,  to  vote  a  district  tax  for  the  support  of  said 
district  library.     When  any  tax  authorized  by  this  section   HOW ta^x  t.. 
shall  have  been  voted,  it  shall  be  reported  to  the  supervisor,  assessed  nnii 
levied,  and  collected  in  the  same  manner  as  other  township   collected- 
and  school  district  taxes. 

ii:'»8)  §  5752.  SEC.  1:5.  The  district  board  or  board  of 
education  of  any  school  district  may  donate  or  sell  any 
library  book  or  books  belonging  to  such  district  to  the  town- 
ship board,  where  there  is  a  township  library  or  to  the  city 
library  in  cities,  and  such  books  shall  thereafter  form  a  part 
>!'  the  township  or  city  library. 


CHAPTER  XIII. 

PENALTIES    AND    LIABILITIES. 

i  K'.'.h     §  5753.     SECTION  1.    Any  taxable  inhabitant  of  a  £ehnaab"an0tn 
newly  formed  district  receiving  the  notice  of  the  first  meet-  fornegfect 
ing,  who  shall  neglect  or  refuse  duly  to  serve  and  return   ofduty< 
such  notice,  and  every  chairman  of  the  first  district  meeting 
in  any  district,  who  shall  wilfully  neglect  or  refuse  to  per- 
form the  duties  enjoined  on  him  in  this  act,  shall  respectively 
forfeit  the  sum  of  five  dollars. 

(140)     §  5754.     SEC.  2.     Any  person  duly  elected  to  the   ?,ena?ty  °JJ 
nice  of  moderator,  director,  treasurer,  or  trustee  of  a  school  for8 neglect in 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause, 
to  accept  such  ollice  and  serve  therein,  or  who,  having  entered   duties. 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  per- 
form any  duty  required  of  him  by  virtue  of  his  office,  shall 
forfeit  the  sum  of  ten  dollars. 

Hiiiman   v.    Sch.   District,  4/170. 

If  th<-  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  «r  jud^'im-nt,  tht-  district  in  its  corporate  capacity  must  recover  the 
amount,  hut  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment 
•  annul  recover  their  taxes  from  such  officer. — Wall  v.  Eastman  1/268 


was  repealed  by  Act  32,  P.  A.  1909. 


»141)     §5755.    SEC.  4.    If  any  township  clerk  shall  neglect 
or  refuse  to  make  out  and  transmit   the  annual  report  con-   nobility  of, 
taining  the  reports  of  the  several  school  districts  of  his  town- 


TO 


STATE  OF  MICHIGAN, 


County  clerk 
or  commis- 
sioner,   lia- 
bility of,  for 
failure  to 
report. 


How    moneys 
collected  on 
account  of 
neglect, 
disposed  of. 


ship  or  any  other  report  which  the  law  may  require  of  him, 
within  the  time  limited  therefor,  he  shall  be  liable  to  pay  the 
full  amount  lost  by  the  township  or  any  district  or  districts 
by  such  neglect  or  refusal,  with  interest  thereon,  to  be  recov- 
ered in  an  action  of  debt  or  on  the  case. 

(142)  §  5756.     SEC.  5.    Any  county  clerk  or  county  com- 
missioner of  schools  who  shall  neglect  or  refuse  to  transmit 
to   the    superintendent    of    public    instruction    the    reports 
required  by  this  act  or  any  other  reports  which  the  law  may 
require,  within  the  time  limited  therefor,  shall  be  liable  to  pay 
to  each  township,  village  or  city  the  full  amount  which  such 
township  or  any  school  district,  village  or  city  therein  shall 
lose  by  such  neglect  or  refusal,  with  interest  thereon  to  be 
recovered  in  an  action  of  debt  or  on  the  case. 

(143)  §  5757.      SEC.  6.      All    the   moneys    collected    or 
received  by  any  township  treasurer  under  the  provisions  of 
either  of  the  two  last  preceding  sections,  shall  be  apportioned 
and  distributed  to  the  school  districts  entitled  thereto,  in  the 
same  manner  and  in  the  same  proportion  that  the  moneys  lost 
by  any  neglect  or  refusal  therein  mentioned  would,  according 
to  the  provisions  of  this  act,   have  been  apportioned  and 
distributed. 

(144)  §  5758.     SEC.  7.     Any  township  clerk  who  shall 
neglect  or  refuse  to  certify  to  the  supervisor  any  school  dis- 
trict taxes  that  have  been  reported  to  him  as  required  by  this 
act,  and  any  supervisor  wilfully  neglecting  to  assess  any  sucn 
tax  shall  be  liable  to  any  district  for  any  damage  occasioned 
thereby,  to  be  recovered  by  the  treasurer  in  the  name  of  the 
district,  in  an  action  of  debt,  or  on  the  case. 

Section   8   repealed   1913,   Act   402.     It  related   to   the   removal   of   district 
officers  by  the  township  board. 

(145)  §  5759.     SEC.  9.     No  school  officer,  superintendent, 
or  teacher  of  schools,  shall  act  as  agent  for  any  author,  pub- 
lisher, or  seller  of  school  books,  or  shall  directly  or  indirectly 
receive  any  gift  or  reward  for  his  influence  in  recommending 
the  purchase  or  use  of  any  library  or  school  book  or  school 
apparatus,  or  furniture  whatever,  nor  shall  any  school  officer 
be  personally  interested  in  any  way  whatever  in  any  contract 
with  the  district  in  which  he  may  hold  office.     Any  act  or 
neglect   herein   prohibited,   performed  by   any  such   officer, 
superintendent,  or  teacher,  shall  be  deemed  a  misdemeanor. 

(146)  §  5760.     SEC.  10.     All  provisions  of  this  act  shall 
apply  and  be  in  force  in  every  school  district,  township,  city 
and  village  in  this  state,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature.     . 

Johnston  v.  Mitchell,  120  /  589 ;  Detroit  Bd.  of  Education  v.  Morosg,  151  / 
625  ;  Burton  v.  Koch,  184  /  253. 


Liability  of 
township 
clerk  and 
supervisor 
in  regard  to 
district  taxes. 


School  officers 
and  teachers 
not  to  act  as 
school  book 
agents,  etc. 


School  officers 
not  to  be 
interested  in 
contracts  in 
certain  cases. 


Where  this 
act  shall 
apply. 


GENERAL  SCHOOL  LAWS. 


71 


FREE  PUBLIC  LIBRARIES. 

Vn  Act  to  authorize  boards  of  education  to  provide  for  the  mainte- 
nance of  free  public  libraries  existing  under  the  control  of  boards 
of  education  of  the  cities :  to  authorize  and  empower  said  boards  of 
education  to  raise  or  borrow  money  and  issue  bonds  in  sufficient 
sum  to  purchase  property  or  site,  erect  and  maintain  buildings  for 
use  as  a  free  public  library  and  other  educational  purposes. 

[Act  261,  P.  A.  1913.] 

The  People  of  the  State  of  Michigan  enact: 

(147)  §  5836.     SECTION  1.    Boards  of  education  in  cities 
vvhere  free  public  libraries  are  under  control  of  such  boards  of 
education  by  reason  of  existing  charters  or  otherwise,  from 
md  after  the  passage  of  this  act  are  hereby  authorized  and 
^mpowered  to  include  in  their  annual  estimate  a  sum  or  sums 
sufficient  to  properly  care  for  and  defray  the  expense  of  main- 
tenance and  to  purchase  new  books  required  for  such  libraries. 

(148)  §  5837.     SEC.  2.     Boards   of  education   in   cities 
having  the  control  of  free  public  libraries  by  reason  of  exist- 
ing charters  or  otherwise  are  hereby  authorized  and  empow- 
ered to  raise  money,  either  by  including  the  amount  in  their 
unnual  estimates,  or  to  borrow  same  on  the  faith  and  credit  of 
said  school  district,  and  to  issue  certificates  or  bonds  to 
secure  the  payment  of  the  sums  borrowed ;  sufficient  to  pur- 
chase property  for  a  site  and  to  provide  the  money  necessary 
to  erect,   equip  and   maintain  buildings  for  a  free  public 
library  and  other  educational  uses:     Provided,  That  when 
any  bond  issue  shall  be  provided  for  under  the  terras  of  this 
act  such  bonds  shall  not  be  issued  for  a  period  of  more  than 
ten  years.    No  bonds  provided  for  in  this  act  shall  be  issued 
until  issuance  of  same  shall   have  been  submitted  to   the 
electors  of  the  district  affected  and  approved  by  a  majority 
of  the  electors  voting  thereon. 

Section  3  repeals  all  contra  VCD  Ing  acts. 


An  Act  authorizing  organized  townships  and  incorporated  villages  in 
the  state  of  Michigan  to  borrow  money  and  to  issue  bonds  therefor 
for  the  purpose  of  establishing  free  public  libraries,  purchasing  sites 
and  constructing  buildings  thereon. 


[Act  5,  P.  A.  1917.1 

The  People  of  the  State  of  Michigan  enact: 
(149)     SECTION  1.    The  township  board  of  any  organized 


Boards  of 
education, 
authority  of, 
etc. 


To  issue 
certificates 
or  bonds. 


Proviso. 


Referendum. 


township  nnd   the  village  council,  or  board  of  tnistees,  of  authorized. 
any  incorporated  village  in  the  state  of  Michigan  are  hereby 
authorize!  and  empowered,  upon  an  application  signed  by 


72 


STATE  OF  MICHIGAN. 


Proviso, 
vote  required. 


When 
submitted. 


Notice. 


not  less  than  twenty-five  qualified  electors  of  such  township 
or  incorporated  village  being  first  filed  with  the  said  town- 
ship board,  village  council,  or  board  of  trustees,  as  the  case 
may  be,  to  borrow  a  sum  of  money,  not  exceeding  one  per 
cent  of  the  assessed  valuation  of  such  township,  or  incor- 
porated village,  on  the  faith  and  credit  of  such  township,  or 
incorporated  village,  and  to  issue  the  bond,  or  bonds  of  such 
township,  or  incorporated  village,  therefor;  the  money  so 
borrowed  to  be  used  for  the  purpose  of  establishing  a  free 
public  library,  for  purchasing  a  site  for  the  same  or  con- 
structing buildings  thereon:  Provided,  That  a  majority  of 
the  voters  of  such  township,  or  incorporated  village,  voting 
thereon  at  a  township  meeting,  a  general  election,  or  at  a 
special  election  called  by  the  township  board,  or  at  a  general 
or  special  election  called  by  the  village  council,  or  board 
of  trustees,  for  that  purpose,  shall  vote  in  favor  thereof. 

(150)  SEC.  2.    The  question  of  issuing  the  bonds,  provided 
for  in  section  one  of  this  act,  shall  be  submitted  to  the  legal 
voters  of  such  township,  or  incorporated  village,  by  the  town- 
ship board,  the  village  council  or  board  of  trustees,  within 
thirty  days  after  the  filing  of  the  application  mentioned  in 
section  one,  giving  due  notice  thereof  by  causing  the  date, 
place  of  voting  and  object  of  said  election  to  be  stated  in 
written  or  printed  notices  to  be  posted  in  five  public  places 
in  such  township,  or  incorporated  village,  at  least  ten  days 
before  the  time  fixed  by  said  board  for  such  election,  and 
by  publishing  the  same  in  at  least  one  newspaper  published 
in  said  township,  or  incorporated  village,  or  if  none  be  pub- 
lished in  said  township,  or  incorporated  village,  then  in  some 
newspaper  published  in  the  same  county,  which  is  circulated 
in  such  township  or  incorporated  village,  at  least  two  weeks 
before  the  time  of  such -election.    Such  notice  shall  state  the 
amount  of  money  proposed  to  be  raised  by  such  bonding,  and 
the  purpose  or  purposes  to  which  it  shall  be  applied. 

(151)  SBC.  3.     The  vote  upon  such  proposition  shall  be 
by  printed  ballot,  and  such  ballots  shall  be  in  the  following 
form: 

"For  the  issuing  of  bonds  to  (Purpose)     Yes  [  ]." 
"For  the  issuing  of  bonds  to  (Purpose)     No  [  ]." 
The  election  shall  be  conducted  and  the  votes  canvassed  in 
all  respects,  as  in  other  township  or  village  elections. 

(152)  SEC.  4.     If  at  such  election  a  majority  of  such 
qualified  electors  present  thereat  and  voting  upon  said  propo- 
sition shall  vote  in  favor  of  such  loan,  such  bonds  shall  be 
issued  by  the  township  board  of  the  township  or  the  village 
council  or  board  of  trustees  of  the  village,  as  the  case  may 
be,  in  denominations  not  exceeding  one  thousand  dollars  each, 
at  a  rate  of  interest  not  exceeding  five  per  centum  per  annum, 
and  for  a  period  not  exceeding  twenty-five  years,  as  the  said 
township  board,  or  the  said  common  council,  or  board  of 
trustees,  by  resolution,  shall  direct.     Said  bond,  or  bonds, 


What  to  state. 


Form  of 
ballot. 


Bonds, 
how  issued. 


How  signed. 


GENERAL  SCHOOL  LAWS.  73 

issued  by  a  township  board,  shall  be  signed  by  the  members 
of  the  said  township  board  and  countersigned  by  the  town- 
ship treasurer,  and  when  issued  by  a  village  council  shall  be 
signed  by  the  president  and  clerk  of  said  village  and  counter- 
signed by  the  village  treasurer.    Said  bond,  or  bonds,  shall  be  How 
negotiated  by  and  under  the  direction  of  said  township  board,   ' 
or  common  council,  or  board  of  trustees  of  incorporated  vil 
lage,  to  raise  in  each  year  by  tax  upon  the  taxable  property 
of  such  township,  or  incorporated  village,  such  sums  of  money 
;is  shall  be  sufficient  to  pay  the  amount  of  said  bonds  and  the 
interest  thereon,  as  the  same  shall  become  due. 

(153)  SEC.  5.     No  bonds  issued  under  and  by  virtue  of 
this  act  shall  be  used  or  negotiated  at  less  than  their  par 
value. 

(154)  SEC.  6.     It  is  hereby  declared  that  this  act  is  imme- 
tely  necessary  for  the  public  health,  peace  and  safety. 


i 


An  Act  to  authorize  the  issue  of  bonds;  to  provide  sites  for  and  for 
the  erection  thereon  of  public  libraries  and  for  additions  to  and 
improvements  of  such  sites  and  the  buildings  thereon,  whether  now 
ox  i  sting  or  hereafter  acquired,  in  cities,  villages  and  school  dis- 
tricts where  free  public  libraries  have  or  may  hereafter  be 
established. 


i 


[Act  305,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 


(155)  SECTION  1.    The  legislative  body  of  any  city,  village 

or  school  district  where  free  public  libraries  have  been,  or  maintaned. 
may  hereafter  be  established,  is  hereby  authorized  upon  the 
application  of  the  local  library  board,  or  commission  or  body 
duly  authorized  by  law  to  maintain  free  public  libraries  in 
such  city,  village  or  school  district  to  borrow  a  sum  of  money 
upon  the  faith  and  credit  of  such  city,  village  or  school  dis- 
1  rict  not  exceeding  one-fourth   of  one  per   centum   of   the 
assessed  valuation  of  such  city,  village  or  school  district  to 
provide  sites  for,  and  for  the  erection  thereon,  of  free  public 
library  buildings  and  for  additions  to  and  improvements  of 
such  sites  and  the  buildings  thereon  now  existing  or  here- 
after acquired  and  to  issue  the  bond  or  bonds  of  such  city, 
village  or  school  district  therefor:    Provided,  That  wherever   Proviso, 
library  bonds  have  heretofore  been  issued  or  authorized  said 
bonds  shall  be  included  in  the  limitation  of  one-fourth  of  one 
per  centum  of  the  assessed  valuation:    And  provided  further,   Further 
That  such  bonds  hereafter  issued  shall  be  in  addition  to  all   Provis° 
other  indebtedness  which  the  city,  village  or  school  district  is 
or  may  be  authorized  to  incur  for  purposes  other  than  library 
purposes. 

(156)  SEC.  2.     Said   bonds  shall  be  denominated   "public    gjjmlnated 
library  bonds  of  the  city,  village  or  school  district  number 


74 


STATE  OF  MICHIGAN. 


How  issued, 
etc. 


Approval  of 
issues. 


Sinking 
fund. 


of ,"  shall  be  regularly  dated  and 

numbered  in  the  order  of  their  issue,  shall  be  for  sums  of  not 
less  than  one  hundred  dollars  each,  shall  bear  interest  not 
exceeding  five  per  centum  per  annum  and  shall  be  payable 
within  such  time  from  the  date  of  issue,  as  the  local  legisla- 
tive body  of  such  city,  village  or  school  district  may  deter- 
mine. They  shall  be  issued  under  the  seal  of  the  city  or  vil- 
lage, signed  by  the  mayor  thereof  and  countersigned  by  the 
controller  or  like  financial  officer  of  said  city,  or  in  case  of 
school  districts,  the  chairman  of  the  school  board.  Said 
bonds  shall  not  be  negotiated  at  less  than  their  par  value. 

(157)  SEC.  3.     No  bonds  shall  be  issued  under  this  act 
unless  such  issue  has  been  approved  by  both  the  local  legis- 
lative body  and  by  that  body  to  whom  is  entrusted  the  man- 
agement of  the  local  library  system  and  upon  such  concurrent 
approval  the  legislative  body  of  said  city,  village  or  school 
district  shall  thereupon  proceed  to  issue  and  negotiate  the 
sale  of  said  bonds. 

(158)  SEC.  4.    The  local  legislative  body  of  such  city,  vil- 
lage or  school  district  shall  provide  a  sinking  fund  for  the 
redemption  of  the  bonds  issued  under  the  provisions  of  this 
act  to  which  end  it  shall  be  its  duty  to  raise  by  taxation,  each 
year,  upon  the  property  assessed  for  city,  village  or  school 
district  purposes,  such  sum  as  shall  be  sufficient  to  make  said 
sinking  fund  adequate  at  the  maturity  of  the  bonds,  to  pay 
the  same  and  the  moneys  so  raised  shall  be  used  for  no  other 
purpose.    The  principal  realized  from  the  sale  of  said  bonds 
shall  be  deposited  with  the  treasurer  of  said  city,  village  or 
school  district  and  credited  to  a  public  library  fund  for  the 
purposes  hereinbefore  mentioned  and  shall  be  used  for  said 
purposes  only.    The  premium  and  accrued  interest  of  said 
bonds  shall  be  credited  to  the  sinking  fund  of  said  city,  village 
or  school  district. 

(159)  SEC.  5.     It  shall  be  the  duty  of  the  local  board 
entrusted  with  the  management  of  the  local  library  system, 
to  include  in  its  budget  each  year,  an  item  of  the  amount 
necessary  to  be  raised  each  year  for  the  sinking  fund  and  an 
item  for  the  amount  necessary  to  be  raised  each  year  for  the 
interest  on  said  bonds  and  said  items  shall  be  allowed  by  the 
local  body  or  officer  whose  duty  it  is  to  determine  the  amount 
to  be  raised  by  taxation  for  said  city,  village  or  school  dis- 
trict.    Said  items  shall  be  in  addition  to  the  amount  which 
may  be  annually  raised  by  taxation  for  all  other  purposes. 


Premium, 
etc.,    where 
credited. 


Budget,  what 
to  include. 


GENERAL  SCHOOL  LAWS.  75 


Act  to  authorize  the  creation  of  county  libraries  or  the  contracting 
by  the  board  of  suj^rvisors  of  any  county,  libraries  for  their  free 
within  the  county. 


[Act  138,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 


(1GO)  SECTION  1.  The  board  of  supervisors  of  any  county 
hall  have  the  power  to  establish  a  public  library  free  for  ns,etc 
he  use  of  inhabitants  of  such  county  or  they  may  contract 
or  the  usr  tor  such  purposes  of  a  public  library  already  estab- 
ishi-d  within  the  county  or  with  the  body  having  control 
t  such  library  to  furnish  library  privileges  to  the  people  of 
he  county  under  such  terms  and  conditions  as  may  be  stated 
n  such  contract.  The  amount  agreed  to  be  paid  for  such 
n'ivi leges  under  such  contract  or  the  amount  which  the  board 
nay  appropriate  for  the  purpose  of  establishing  and  main- 
aining  a  public  library  shall  be  a  charge  upon  the  county 
md  the  board  may  annually  levy  a  tax  of  not  more  than 
>ne-half  mill  on  the  dollar  of  the  taxable  property  of  the 
'ounty,  to  be  levied  and  collected  in  like  manner  as  other 
axes  in  said  county  and  paid  to  the  county  treasurer  of  said 
•ounty  and  to  be  known  as  the  library  fund. 

(161)      SEC.  2.     For   the   purpose   of   administering   the   Library 
Bounty  library  fund  in  case  a  county  library  is  established,   to  com^se. 
there  shall  be  a  library  board  consisting  of  five  members, — 
the  county  commissioner  of  schools  and  four  other  members 
to  be  appointed  by  the  board  of  supervisors,  the  commis- 
sioner to  hold  ex-officio  during  his  term  of  office,  the  other 
members  to  be  appointed  for  terms  of  four  years  each,  except 
that  the  first  members  shall  be  appointed  for  one,  two,  three 
and  four  years,  respectively. 

(1G2)  SEC.  3.  In  case  a  contract  shall  be  made  with  an 
existing  library,  the  county  library  fund  shall  be  administered  Existing 
by  the  board  or  body  having  charge  and  control  of  said  } 
existing  library  and  there  shall  be  an  advisory  board,  con- 
sisting of  three  members, — the  county  superintendent  of 
schools  ex-officio  and  two  additional  members  to  be  appointed 
by  the  board  of  supervisors  whose  terms  of  office  shall  be 
two  years  and  until  their  successors  are  appointed.  The  duty 
of  this  board  shall  be  to  advise  and  consult  with  the  board 
controlling  said  library  with  regard  to  selection  of  books, 
location  of  branch  libraries  and  other  subjects  relating  to  the 
proper  management  of  the  county  library  and  its  fund. 

ilM)      SEC.  4.     Said  fund  shall  be  paid  by  the  county  Fund,  how 
treasurer  upon  the  order  or  warrants  of  said  library  board  in   paid 
case  of  the  establishing  of  a  county  library;  in  event  of  con- 
tracting with  an  existing  library,  it  shall  be  paid  upon  orders 
issued  by  the  board  or  body  controlling  such  library  through 
its  president  or  chairman  and  secretary. 


76 


STATE  OF   MICHIGAN. 


Inspectors, 
when  and  by 
whom  elected. 


Terms  of 
office. 


Names  on 

separate 

ballot. 


Nomination, 
election. 


Referendum. 


An  Act  to  provide  for  a  board  of  education  for  cities  having  a  popu- 
lation of  two  hundred  fifty  thousand  or  over  and  comprising  a 
single  school  district;  to  fix  their  terms  of  office,  and  the  manner 
of  the  nomination  and  election  of  the  members  thereof. 

[Act  251,  P.  A.  1913.] 

The  People  of  the  State  of  Michigan  enact: 

(164)  §  5867.    SECTION  1.    The  board  of  education  of  any 
city  having  a  population  of  two  hundred  fifty  thousand  or 
over  which  comprises  a  single  school  district  shall  consist  of 
seven  school  inspectors  who  shall  be  elected  at  large  by  the 
electors  of  the  whole  city  qualified  to  vote  for  school  inspect- 
ors in  such  municipality  at  the  next  spring  election  when 
judges  of  the  supreme  court  are  required  to  be  elected.    Two 
inspectors   shall   be   elected   to   serve   for   two   years;   two 
inspectors  shall  be  elected  to  serve  for  four  years,  and  three 
inspectors  shall  be  elected  to  serve  for  six  years ;  thereafter 
at  the  next  like  election  immediately  preceding  the  expiration 
of  their  respective  terms  of  office  their  successors  shall  be 
elected  to  serve  for  six  years.     The  terms  of  office  of  each 
inspector  shall  commence  on  the  first  day  of  July  following 
his  or  her  election.     The  names  of  all  candidates  who  have 
been  duly  nominated  as  herein  provided  shall  be  placed  upon 
a  separate  ballot  at  the  election  for  school  inspectors  and 
without  their  party  affiliations  designated.    The  candidate  or 
candidates  for  the  positions  or  places  to  be  filled  having  the 
greatest  number  of  votes  shall  be  declared  elected. 

CONSTITUTIONALITY  :  This  act  is  valid.  It  is  a  general  law  based  upon 
a  classification  of  the  school  districts  of  the  state,  according  to  population. 
— Burton  v.  Koch,  184  /  255. 

(165)  §  5868.     SEC.  2.     The  nomination  and  election  of 
inspectors,  except  as  herein  provided,  shall  be  conducted  as 
near  as  may  be  as  now  provided  by  law  for  the  nomination 
and  election  of  the  city  officers  in  the  particular  municipality 
concerned,  and  all  women  who  are  legally  qualified  electors 
shall  be  permitted  to  vote  for  all  nominations  for  the  office  of 
school  inspector. 

Section  3  repeals  all  acts  in  contravention  with  this  act. 

(166)  §  5870.    SEC.  4.    The  provisions  of  this  act  shall  not 
take  effect  in  such  city  which  comprises  a  single  school  dis- 
trict until  approved  by  a  majority  of  the  electors  having  quali- 
fications to  vote  at  elections  for  school  inspectors,   voting 
thereon,  in  such  city,  at  the  next  general  election  held  after 
the  government  census  shows  such  city  has  two  hundred  fifty 
thousand  inhabitants  or  more.    The  vote  upon  the  question 
shall  be  by  ballot  which  shall  be  in  substantially  the  fol- 
lowin  g  form : 


GENERAL  SCHOOL  LAWS.  77 


rote  on  proposition  to  adopt  the  act  providing  for  reduc- 
tir  i  in  membership  of  the  board  of  education  and  their  elec- 
ti(  i  at  large. 

lake  a  cross  in  the  appropriate  square  below. 

Shall  the  act  providing  for  reduction  in  membership  of  the 
bo  ird  of  education  and  their  election  at  large  be  adopted. 
Y<  3.  [  1  ; 

Shall  the  act  providing  for  reduction  in  membership  of  the 
b(  ird  of  education  and  their  election  at  large  be  adopted. 

N.  .  [  ]. 

>m-h  ballots  shall  be  furnished  by  the  city  board  of  elec- 
ti<  n  commissioners  and  shall    IK;  deposited  in  a  ballot  box 
pi  ovided  for  that  purpose  in  each  voting  precinct.    Such  bal-   Canvass. 
lt>  ,s  shall  be  cast,  canvassed  and  the  results  thereof  certified 
1<    in  the  same  manner  as  are  ballots  cast  upon  the  question 

0  the  adoption  or  rejection  of  a  constitutional  amendment. 

1  a   majority  of  the  qualified  electors  of  the  city,  voting 
tl  ereon  shall  vote  in  favor  of  the  adoption  of  this  act  then 
tl  e  provisions  hereof  shall  be  in  full  force  and  effect  in  such 
c  ty  and  not  otherwise. 

REFERENDUM  :     The  referendum  was  unnecessary  because  the  act  is  not 
1.   :al  in  character.  —  Burton  v.  Koch,  184  /  262. 


A  n  Act  to  provide  for  the  organization  of  school  districts  in  cities 
having  a  population  of  over  one  hundred  thousand  and  less  than 
two  hundred  fifty  thousand  inhabitants;  to  provide  for  a  board  of 
education  for  such  districts;  and  prescribing  the  powers  and  duties 
of  such  board. 


[Act  141,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 


(167)  SECTION  1.  Each  city  having  a  population  of  more 
than  one  hundred  thousand  and  less  then  [than]  two  hundred  singieschooi 
t.l'ty  thousand  inhabitants,  shall  constitute  and  be  one  school  district- 
(tistrict  and  be  known  as  the  ^School  District  of  the  City  of 
— ."  If,  at  the  time  this  act  takes  effect  in  any 
rity,  I  here  shall  be  in  existence  within  the  limits  of  the  city 
more  than  one  school  district  or  parts  of  more  than  one 
school  district,  then,  from  the  taking  effect  of  this  act  in 
hat  city,  the  school  districts,  or  parts  of  districts,  within 
.he  limits  of  the  city  shall  constitute  and  be  the  "School  Dis- 
trict of  the  City  of—  — ,"  and  shall  be  under  the 
jurisdiction  of  the  board  of  education  herein  provided  for. 

>0  SEC.  2.  If  no  division  of  a  school  district  is  caused 
I iy  the  taking  effect  of  this  act  in  any  city,  all  school  property 
shall  vest  in  and  be  the  property  of  the  city  district,  and 
such  district  shall  be  liable  for  and  shall  pay  all  indebted- 
ness of  the  district  or  districts  formerly  existing  within  its 
limits. 


78 


STATE  OF  MICHIGAN. 


When  school 

district 

divided. 


When  city 

annexes 

territory. 


When 
effective. 


First  board 
of  education, 
election  of. 


General  law 
to  govern. 


Membership 
of  board. 


(169)  SEC.  3.    If  by  reason  of  the  taking  effect  of  this  act 
in  any  city,  a  school  district,  or  districts,  shall  be  divided, 
the  school  property  within  the  city  (except  cash  and  taxes 
levied  but  uncoil ected)  shall  vest  in  and  be  the  property  of 
the  city  district.    The  cash,  taxes  levied  and  uncollected,  and 
district  indebtedness  shall  be  divided  between  the  former 
school  districts  and  the  city  district  in  proportion  as  the 
relative  values   of   the   taxable   property   left   without   and 
brought  within  the  city  district  by  this  act  bear  to  the  aggre- 
gated value  of  the  taxable  property  in  the  entire  districts 
affected,  before  the  division,  as  determined  by  the  last  pre- 
ceding assessment  roll.     Each  district  affected  hereby  shall 
be  liable  for  and  shall  pay  its  proportion  of  such  indebtedness. 

(170)  SEC.  4.     If,  after  the  taking  effect  of  this  act  in 
any  city,  territory  shall  be  annexed  to  the  city  pursuant  to 
law,  such  territory,  by  such  annexation,  shall  become  and 
be  part  of  the  school  district  of  that  city.    If  by  such  annexa- 
tion no  school  district  is  divided,  the  property  of  any  school 
district  so  annexed  shall  vest  in  and  be  the  property  of  the 
city  district,  and  the  city  district  shall  be  liable  for  and  shall 
pay  all  indebtedness  of  any  school  district  so  annexed.    If  by 
such  annexation  any  school  district  is  divided,  the  property, 
cash,  taxes  levied  and  uncollected,  and  indebtedness  of  the 
divided  district  shall  vest  and  be  divided  as  is  herein  in  sim- 
ilar case  provided  in  section  three. 

(171)  SEC.  5.    This  act  shall  be  in  force  in  all  cities  having 
the  requisite  population  according  to  the  United  States  census 
of  nineteen  hundred  ten  at  the  date  of  the  taking  effect  of 
this  act,  and  shall  be  in  force  in  all  cities  thereafter  attaining 
the  requisite  population,  as  soon  as  the  governor   (having 
first    ascertained   by    United    States    census    or   by   official 
estimate  of  the  United  States  census  bureau  that  the  city  has 
the  requisite  population)  shall  so  proclaim.     The  first  elec- 
tion of  members  of  the  board  of  education  hereunder  shall 
occur  at  the  first  city  charter  election  held  after  the  taking 
effect  of  this  act  in  any  city.    The  first  board  shall  meet  and 
organize  on  the  first  Monday  in  May  following  such  election. 
Until  such  first  Monday  in  May  the  laws  theretofore  govern- 
ing the  schools  shall  continue  in  force  and  shall  govern  the 
administration  of  the  schools  of  such  city.    The  term  of  office 
of  all  school  trustees  elected  under  laws  theretofore  governing 
in  such  cities  shall  expire  upon  the  organization  of  the  new 
board,  their  election  for  a  longer  term  to  the  contrary  not- 
withstanding. 

(172)  SEC.  6.     School  districts  in  cities  affected  by  this 
act  shall  be  governed  in  all  respects  not  herein  specially  pro- 
vided for,  by  the  general  school  laws  of  the  state  from  time 
to  time  in  force. 

(173)  SEC.  7.    The  board  of  education  shall  consist  of  nine 
members  elected  from  the  city  at  large.     The  term  of  office 
shall  commence  on  the  first  Monday  of  May  in  each  year  and 


GENERAL  SCHOOL  LAWS.  70 

cc>  itinue  until  a  successor  is  elected  and  qualified.    The  first 

b<  ird  at  its  first  meeting  shall,  by  lot,  determine  which  three 

ol  its  members  shall  serve  one  year,  which  three  shall  serve 

tv  o  years,  and  which  three  shall  serve  three  years,  and  their 

tc  'ms  shall  be  accordingly :    Provided,  That  the  members  of   Proviso. 

tli  3  board  of  education  elected  prior  to  the  adoption  of  this 

a<  t  shall  continue  in  office  until  the  expiration  of  the  respec- 

ti  e  terms  for  which  they  were  elected,  and  with  the  new  mem- 

b«  re  elected  at  the  first  election  under  this  act  shall  consti- 

ti  te  the  first  board  of  education  herennder.     At  the  time  of 

e;  ch  annual  city  charter  election  thereafter,  members  of  the 

b<  ard  shall  be  chosen  to  fill  the  push  ions  of  those  whose  terms 

a  e  about  to  expire.     Three  years  shall  be  the  term  of  each 

n  'inber  chosen  after  the  first  election. 

(174)  SEC.  8.  Any  qualified  school  elector  of  the  city  who  eligible. 
s  all  be  eligible  to  be  chosen  as  a  hoard  member,  and,  if 
d  ily  registered  shall  be  qualified  to  vote  for  board  members 
a  such  election.  The  qualifications  of  school  electors  shall 
b  j  as  determined  by  general  law.  Nominations  for  board  Nominations, 
i!  embers  shall  be  by  petition  signed  by  not  less  than  one 
li  indred  qualified  school  electors  of  the  city,  which  petition 
s  lall  be  filed  with  the  city  clerk  at  least  fifteen  days  before 
e  ection.  No  petition  which  does  not  have  such  number  of 
s  ich  signatures  shall  constitute  a  valid  nomination.  At  the  Ballot. 
s  ime  time  and  in  the  same  general  manner  provided  with 
reference  to  city  charter  elections,  the  proper  officials  shall 
I  repare  and  have  printed  an  official  ballot  on  which  shall 
le  placed  the  names  of  all  who  have  been  nominated  for 
i  lembers  of  said  hoard.  In  printing,  the  names  shall  first  be 
i  rranged  alphabetically  and  the  first  one  hundred  printed 
jccordingly;  then  the  name  at  the  top"  shall  be  put  at  the 
I  ottom  for  printing  the  second  one  hundred,  and  a  corre- 
sponding change  shall  be  made  in  each  succeeding  one  hun- 
dred printed.  The  election  shall  be  by  separate  ballot  in  a  Election, 
separate  box,  but  at  the  same  time  and  place  as  the  city  char- 
ter election,  and  shall  be  conducted  by  the  same  inspectors, 
ranvassed,  reported,  considered  and  treated  as  a  part  of  such 
city  charter  election  in  all  particulars  not  otherwise  specified. 
Voting,  or  attempting  to  vote,  for  board  members  at  such 
•  •lectiun  by  one  not  legally  entitled  to  vote  therefor,  shall  con- 
stitute the  same  oft'ense  and  shall  be  prosecuted  and  punished 
n  the  same  manner  as  casting,  or  attempting  to  cast,  any 
illegal  vote  at  the  charter  election. 

i  175)  SEC.  9.  No  school  elector  not  registered  as  pro- 
vided  herein  shall  In-  entitled  or  permitted  to  vote  at  elections 
for  hoard  members,  excepting  that  votes  may  be  sworn  in  as 
is  permitted  by  law  at  a  general  election.  The  registration 
huards  shall  be  provided  with  separate  books  for  the  regis- 
tration of  school  electors.  Before  registering  any  name 
therein,  the  registration  board  shall  be  reasonably  satisfied 
that  the  applicant  for  registration  is  a  qualified  school  elector. 


80 


STATE   OF   MICHIGAN. 


Registration,     Such  registration  shall,  in  all  respects  not  herein  specified, 
conducted.        be  conducted  in  the  same  manner  as,  and  as  part  of,  the  regis- 
tration  required   or   provided   for   with   reference   to   said 
elections. 


Notice  to 

officials 

elected. 


Vacancy, 
how  filled. 


Body 
corporate. 


May  pur- 
chase 
property, 


etc. 


Am.   1919,   Act  405. 

(176)  SEC.  10.    The  city  clerk,  within  the  time  specified 
for  serving  notices  upon  officials  elected  at  a  municipal  elec- 
tion, shall  serve  notice  of  his  election  upon  each  member  of 
said  board  elected  at  said  election.    On  the  first  Monday  in 
May  in  each  year  the  board  shall  organize  for  the  ensuing 
year  by  electing  its  officers  herein  provided. 

(177)  SEC.  11.     If  any  person  elected  fails  to  take  oath 
of  office  within  ten  days  after  service  of  notice  of  his  elec- 
tion, or  if  any  member  during  his  term  shall  die,  become 
mentally  incompetent,  resign  or  lose  residence  in  the  district, 
a  vacancy  shall  thereby  exist,  which  shall  be  filled  by  elec- 
tion from  such  district  by  a  majority  of  the  remaining  mem- 
bers of  the  board  for  the  remainder  of  the  current  year,  and 
at  the  next  election  the  vacancy  shall  be  filled  by  an  elec- 
tion for  the  remainder  of  the  term  of  the  former  member.    If 
upon  specific  written  charges  filed  with  the  secretary  of  the 
board,  and  after  proper  opportunity  to  be  heard,  any  member 
of  the  board  is  by  vote  of  two-thirds  of  the  members  thereof, 
found  guilty  of  willful  acts  of  misfeasance  or  nonfeasance 
in  his  office,  he  may  be  removed  from  his  position  by  such 
two-thirds  vote,  whereupon  a  vacancy  shall  exist  and  be  filled 
as  above  provided. 

(178)  SEC.  12.     The  said  board  of  education  shall  be  a 
body  corporate  under  the  same  and  style  of  "The  Board  of 

Education  of  the  Ctty  of  ,"  and  under 

that  name  may  sue  and  be  sued,  and  may  take,  hold,  sell 
and  convey  real  and  personal  property,  including  property 
received  by  gift,  devise  or  bequest,  as  the  interest  of  said 
schools  and  the  property  and  welfare  of  said  school  district 
may  require.     The  said  board  of  education  may  take  and 
hold  real  and  personal  property  for  the  use  of  the  public 
schools  within  and  without  its  corporate  limits  and  may 
sell  and  convey  the  same.     The  property  of  said  board  of 
education  shall  be  exempt  from  taxation  for  all  purposes 
except  for  special  improvements.     The  board  of  education 
chosen  pursuant  to  this  act  shall  be  the  successor  of  any 
school  corporation  or  corporations  existing  within  the  limits 
of  such  city  or  cities  and  shall  be  vested  with  the  title  to  all 
property,  real  and  personal,  vested  in  the  school  corpora- 
tions of  which  it  is  the  successor.     Said  board  of  education 
shall  be  liable  to  pay  the  indebtedness  and  obligations  of  the 
school  corporations  of  which  it  is  the  successor,  in  the  man- 
ner and  to  the  extent  provided  in  this  act.     Said  board  of 
education  shall  have  power  to  purchase  all  property,  erect 
and  maintain  all  buildings,  purchase  all  personal  property, 


(JKNKKAL  SCHOOL  LAWS. 


employ  and  pay  all  persons,  and  do  all  other  things  in  its 
judgment  necessary  for  the  proper  establishment,  mainte- 
nance, management  and  carrying  on  of  the  public  schools  of 
tin*  city  and  for  the  protection  of  other  property  of  the  dis- 
trict, and  it  shall  have  authority  to  adopt  by-laws,  rules  and 
regulations  for  its  own  government  and  for  the  control  and 
management  of  all  schools,  school  property  and  pupils.  It 
shall  not  have  power  to  raise  money,  borrow  money,  or  incur 
indebtedness  except  in  the  manner  herein  specified. 

( 179)  SEC.  13.    The  officers  ot  the  board  shall  be  a  presi- 
dent, vice  president,  secretary  and  treasurer.    The  city  treas- 
urer shall  be  ex-officio  treasurer  of  the  board.    The  president 
and  vice  president  shall  be  elected  annually  from  among  the 
members  of  the  board  by  a  majority  vote  thereof.    The  secre- 
tary shall  not  be  a  member  of  the  board.     The  president, 
vice  president  and  secretary  shall  perform  such  duties  as 
may  be  prescribed  by  the  by-laws,  rules  and  regulations  of 
the  board.    The  officers  of  the  board  who  in  the  discharge  of 
the  duties  of  their  respective  positions  handle  funds  belong- 
ing to  the  public  schools,  shall  be  required  to  give  bonds  for 
the  faithful  performance  of  their  duties,  in  such  manner  and 
form  as  may  be  prescribed  by  the  rules  and  by-laws  of  the 
board.     The  treasurer  shall  have  the  custody  of  all  moneys 
belonging  to  the  school  district  and  shall  pay  out  the  same 
only  upon  orders  as  in  this  act  specified.    The  city  attorney 
shall  be  the  legal  advisor  of  said  board  and  represent  it  in  all 
litigation.     The  board  shall  require  from  the  city  treasurer 
a  separate  bond  to  protect  the  separate  funds  of  the  board. 
Interest  upon  such  separate  funds  shall  be  the  property  of 
the  board. 

(180)  SEC.  14.     Regular  meetings  of  the  board  shall  be 
held  at  least  once  in  each  month,  at  such  time  and  place  as 
may  be  fixed  by  the  by-laws.    Special  meetings  may  be  called 
and  held  in  such  manner  and  for  such  purposes  as  may  be 
specified  in  the  by-laws. 

(181)  SEC.  15.     The  fiscal  and  accounting  year  shall  com- 
mence with  the  lirst  day  of  July  in  each  year. 

(182)  SEC.  16.    The  "board  shall  annually  on  or  before  the 
first  Tuesday  in  April  in  each  year,  make  an  estimate  of  the 
amount  of  taxes  deemed  necessary  for  the  ensuing  year  for 
all  purposes  within  the  power  of  said  board,  which  estimate 
shall  specify  the  amounts  required  for  the  different  objects. 
The  board  shall  transmit,  such  estimates  to  the  common  coun- 
cil, city  coi 1 1 mission  or  other  legislative  body  of  the  city  on  or 
before  the  second  Monday  in  April  of  each" year  for  ratifica- 
tion, amendment  or  rejection.    If  for  any  reason  the  common 
council,   city  commission  or  other  legislative  body  of  said 
city  shall  fail  to  pass  on  said  estimate  and  finally  adopt  the 
same  after  such  amendment,  increase  or  decrease  as  it  deter- 
mines, before  the  second   Monday  in  May  in  each  year,  then 
the  estimate  made  by  such  board  shall  stand  as  approved  and 


Officers. 


Treasurer's 
bond. 


Meetings. 


Fiscal  year. 


Tax 

estimates. 


When  made. 


When  con- 
sidered 
approved. 


82 


STATE   OF   MICHIGAN. 


Tax  limit. 


Amount,  etc. 
may  borrow. 


be  considered  as  approved  and  ratified  by  such  legislative 
body  and   reported   accordingly,    and   the   amount   therein 
assessing0        named,  levied  and  collected  accordingly.     On  or  before  the 
officers.  third  Monday  in  May  the  secretary  of  the  board  shall  make 

to  the  assessing  officers  of  said  city,  a  written  report  of  the 
amount  of  taxes  so  deemed  necessary  and  approved  or  stand- 
ing approved  by  said  legislative  body,  and  the  assessing 
officers  shall  apportion  said  amount,  and  the  same  shall  be 
levied,  assessed,  collected  and  returned  the  same  as  other  city 
taxes.  No  greater  sum  than  six  mills  on  the  dollar  shall  be 
levied  for  general  school  purposes  in  any  one  year.  For  pur- 
chasing school  lots,  erecting  schoolhouses,  and  equipping  the 
same,  and  paying  school  bonds  and  the  interest  thereon  no 
greater  sum  than  four  mills  on  the  dollar  in  addition  to  the 
tax  for  general  school  purposes  shall  be  levied  in  any  one 
year. 

Am.   1919,  Act  405. 

(183)  SEC.  17.    The  board  may  from  time  to  time,  on  such 
terms  as  it  may  deem  proper,  borrow  for  temporary  school 
purposes,  not  to  exceed  fifty  thousand  dollars  total  outstand- 
ing unpaid  at  any  one  time,  and  may  give  the  note  or  bonds 
of  the  board  therefor,  which  shall  be  paid  from  the  first 
school  moneys  collected  thereafter.    For  the  purpose  of  pur- 
chasing sites,  erecting  buildings,  or  both,  and  for  equipping 
buildings,  the  board  may  borrow  such  sums  of  money  as  it 
may  deem  necessary  and  may  issue  and  sell  its  bonds  therefor, 
upon  such  rate  of  interest  and  for  such  time,  and  in  such 
amounts,  as  it  may  think  proper,  and  in  such  form  and  with 
bonds  and  coupons  signed  and  countersigned  in  such  man- 
ner as  it  may  by  resolution  direct,  but  the  action  of  the  board 
authorizing  such  loan  shall  first  be  submitted  to  the  common 
council,  city  commission  or  other  legislative  body  of  the  city 
for  approval,  and  no  such  issue  of  bonds  shall  be  valid  unless 
the  proposal  to  issue  the  same  shall  have  been  approved  by  a 
majority  vote  of  the  members  elect  of  the  common  council, 
city  commission  or  other  legislative  body:     Provided,  how- 
ever, That  such  bonds  shall  be  valid  without  the  approval  of 
the  common  council,  city  commission  or  other  legislative  body, 
if  approved  by  a  majority  vote  of  the  school  electors  of  said 
city  voting  thereon  at  any  election  at  which  the  question  of 
approving  such  an  issue  of  school  bonds  shall  be  submitted  to 
them  by  the  said  board  or  by  the  said  common  council,  city 
commission  or  other  legislative  body.    No  bonds  shall  be  sold 
for  less  than  par,  nor  bear  more  than  five  per  cent  interest, 
nor  run  for  more  than  twenty  years. 

(184)  SEC.  18.    All  demands  and  claims  against  the  board 
shall  be  allowed  under  such  rules  and  regulations  as  it  may 
establish,  and  shall  thereupon  be  certified  to  the  city  comp- 
troller or  other  auditing  department  of  the  city  for  payment. 
Payment  of  the  same  shall  be  made  by  the  city  treasurer  out 


Proviso. 


Bonds, 
sale  of. 


Claims, 
allowance  of. 


GENERAL  SCHOOL  LAWS. 


Superin- 
tendent i»f 
schools,    etc. 


Proceedings, 
etc.,  pub- 
lished. 


School 
census. 


f  the  funds  of  the  board  in  the  same  manner  as  near  as  may 
e  as  claims  against  the  city  are  paid  out  of  the  general  city 
reasury. 

(185)  SEC.  19.     The  board  shall  have  power  to  elect  for 
ucli  term  not  exceeding  three  years  as  it  may  determine,  a 
uperintendent  of  schools  and  a  business  manager,  neither 
f  whom  shall  be  members  of  said  board,  and  to  fix  their 
alaries  and  remove  either  of  them,  notwithstanding  their 
erm  of  office  has  not  expired,  upon  the  concurrent 'vote  of 
wo-thirds  of  all  the  members  of  said  board.     It  may  dele- 
rate  to  such  superintendent  the  executive  management  and 
ontrol  of  the  educational   department   and  to  the  business 
nanager  the  management  and  control  of  purchases,  contracts, 
'iid  all  other  business  matters  insofar  and  to  such  extent  as 
t  may  from  time  to  time  determine. 

(186)  SEC.  20.    All  proceedings  and  official  actions  of  the 
loan!  shall  be  printed  and  published  immediately  after  such 
Meeting,  in  such  manner  as  the  board  shall  decide.    It  shall 
•a use  to  be  made  at  the  end  of  each  fiscal  year  and  to  be  pub- 
ished  a  complete  report  of  its  receipts  and  expenditures  and 
general  school  statistics. 

(187)  SEC.  21.     The  board  shall  provide  for  taking  the 
<chool   census  required  by  law.     It  shall  receive  the  funds 
levoted  by  law  to  the  maintenance  of  the  district  or  school 
ibraries  and  shall  devote  the  same  to  that  purpose,  and  may 
1< 'legate  the  expenditure  of  such  library  funds  to  such  execu- 
tive  body  as  may  be  constituted  by  law  for  the  management 
)f  the  public  or  school  libraries  within  the  city.    No  member 
>f  the  board  shall  receive  any  compensation  whatever  for 
services  as  members  nor  for  any  service   rendered  to  the 
board.    Every  action  of  the  board  involving  the  incurring  of 
pecuniary  liabilities  or  expenditure  of  money  shall  be  by  yea 
and  nay  vote  entered  at  large  upon  its  record. 

(188)  SEC.  22.     Within  twenty-four  hours  after  its  pas- 
sage, the  president  or  acting  president  of  the  board  may  veto 
any  action  thereof  by  filing  in  the  office  of  the  secretary  of 
the  board  his  reasons  therefor,  in  writing,  and  the  same  there- 
upon shall  not  go  into  effect  or  have  any  legal  operation  until 
after  it  shall  be  repassed  at  a  subsequent  meeting  of  the  board 
by  a  vote  of  two-thirds  of  all  the  members  thereof.    No  action 
of  the  board  shall  go  into  operation  until  the  expiration  of 
twenty-four  hours  after  its  passage  unless  the  president  or 
acting  president  shall  sooner  file  with  the  secretary  his  writ- 
ten approval  thereof. 

(189)  SEC.  23.     All  acts  and  parts  of  acts,  general  or  Acts  repealed. 
special,  in  any  wise  contravening  provisions  of  this  act  shall 

be  and  are  from  and  after  the  time  this  act  goes  into  effect 
in  any  city,  repealed,  as  far  as  that  city  is  concerned. 


Actions, 
vetoing  by 
president. 


84 


STATE   OF   MICHIGAN. 


Boundaries^ 
change  of. 


Consolidating 

school 

districts. 


Proviso, 
referendum. 


An  Act  in.  relation  to  the  division  of  or  changing  of  boundaries  of 
primary  school  districts. 

[Act  61,  P.  A.  1911.] 

The  People  of  the  State  of  Michigan  enact: 

(190)  §  5765.    SECTION  1.    Hereafter  the  township  board 
of  any  township  may  divide  or  change  the  boundaries  of  any 
primary  school  district  regardless  of  whether  such  school  dis- 
trict was  formed  or  created  under  the  general  school  law,  or 
under  any  local  act  or  special  law  in  accordance  with  the 
same  rules  and  in  such  manner  as  is  prescribed  for  the  forma- 
tion and  alteration  of  school  districts.    In  those  instances  in 
which  the  school  district  lies  in  more  than  one  township,  such 
action  shall  be  taken  at  a  joint  meeting  of  the  boards  of  the 
various  townships  interested. 

(191)  §  5766.    SEC.  2.    Hereafter  the  township  board  of 
any  township  may  consolidate  school  districts  regardless  of 
whether  such  school  districts  were  formed  or  created  under 
the  general  school  law  or  created  under  any  local  or  special 
law  in  accordance  with  the  same  rules  and  in  such  manner 
as  is  prescribed  for  the  formation  and  alteration  of  school 
districts.     In  those  instances  in  which  the  school  districts 
lie  in  more  than  one  township,  such  action  shall  be  taken  at 
a  joint  meeting  of  the  boards  of  the  various  townships  inter- 
ested :    Provided,  That  two  or  more  districts  shall  not  be  con- 
solidated, unless  such  consolidation,  is  approved  by  a  major- 
ity vote  of  the  electors  voting  at  an  annual  meeting,  or  a 
special  meeting  in  each  district  affected. 

Am.  1917,  Act  136. 


Districts, 
when  united. 


Resolution. 


CONSOLIDATION  OF  SCHOOL  DISTRICTS  IN 
ANNEXED  TERRITORY. 

An  Act  to  provide  for  the  consolidation  of  school  districts  in  territory 
annexed  to  cities  with  school  districts  of  such  cities. 

[Act  18,   P.   A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(192)  SECTION  1.  Where  territory  is  annexed  to  a  city, 
organized  school  districts  partly  or  wholly  within  such  terri- 
tory shall  be  united  with  the  school  districts  of  such  city 
whenever  the  governing  bodies  of  any  such  district  and  of 
the  city  school  district,  by  resolution,  agree  upon  such  union. 
The  governing  body  of  either  the  city  district  or  annexed 


GENERAL  SCHOOL,  LAWS. 


di  trict  may  propose  such  union  by  resolution  setting  forth 
th'  terms  thereof,  which  resolution  shall  be  transmitted  to 
th'  other  body,  and  shall  bo  acted  upon  by  it.  Either  body 
sh  11  propose  such  union  when  requested  by  petition  of  ten 
pe  •  cent  of  the  voters  of  its  district.  A  quorum  may  act  in 
ea  h  case,  and  a  majority  of  the  body  may  pass  such  resolu- 
ti<  Q.  When  such  resolution  shall  have  passed  both  bodies, 
a  :opy  thereof  shall  be  certified  to  by  the  secretary  of  each. 
sh  ill  be  recorded  in  the  register  of  deeds'  office,  and  shall, 
w  en  so  recorded,  pass  the  legal  title  of  the  real  and  per- 
s«  uil  property  of  the  district  in  the  annexed  territory  to  the 
di  ;trict  of  the  city  to  which  the  same  was  annexed,  and  shall 
hi  siitticient  evidence  of  such  union. 

(193)  SEC.  2.  The  resolution  shall  set  up  the  names  of 
tl  3  respective  school  districts;  shall  accurately  define  the 
1»<  tinda ries  of  the  district  which  it  is  proposed  to  unite  to 
tl  4  city  district  :  shall  recite  the  real  property  owned  by  said 
(1  -trict  according  to  its  legal  description  and  the  personal 
p  operty  with  reasonable  particularity,  sufficient  to  enable 
it  to  be  accurately  identified ;  shall  recite  the  bonded  indebted- 
n  ss  of  said  district;  shall  specify  whether  a  part  or  all  of 
s:  id  district  has  been  annexed  to  said  city,  or  whether  all  or 
a  i  accurately  bounded  part  of  said  district  is  to  be  united 
\*  ith  the  city  district ;  shall  set  up  that  the  district  passing 
s  ich  resolution  proposing  the  union  of  the  districts  named; 
a  id  shall  provide  that  upon  the  adoption  of  the  resolution 
I) .  the  governing  bodies  of  both  districts  and  the  recording  of 
s  ich  resolution  as  provided  in  section  one,  said  city  school  dis 
t  ict  shall  acquire  the  property  of  the  district  annexed  and 
t  ie  latter  shall  become  a  part  of  the  former  and  subject  to 
t  ie  laws  governing  it. 

i  104)  SEC.  3.  In  like  manner,  when  a  part  only  of  a 
district  is  within  annexed  territory  provision  may  be  made 
f  >r  the  union  of  the  part  annexed  only,  with  the  city  district 
by  similar  agreement. 

(19r>)  SEC.  4.  In  either  case,  if  the  governing  body  of  the 
city  district  passes  such  resolution,  and  that  of  the  district 
I  artly  or  wholly  annexed  does  not,  the  question  of  such  union 
shall  be  submitted,  by  the  board  of  the  latter  district,  to  the 
\oters  in  the  territory  proposed  tQ  be  added  to  the  city  dis- 
trict i  within  thirty  days  after  the  resolution  is  received  from 
the  city  district  |,  at  a  regular  election,  or  a  special  election, 
railed  for  the  purpose.  If  a  majority  of  those  voting  favor 
;uch  union,  then  it  shall  become  effective  upon  the  recording 
of  said  resolution  and  a  cert  i  tied  copy  of  the  notice  of  such 
"lection  and  of  the  canvass  of  the  vote  cast  on  said  question. 

(100)  SEC.  ~>.  When  the  union  herein  provided  for  has 
•een  perfected,  the  officers  of  the  district  joined  to  the  city 
listrict  shall  as  soon  as  may  be  account  to  the  city  district 
for  the  funds  and  property  in  their  hands  as  such  officers, 
and  shall  turn  over  same  to  said  city  district.  Upon  the 


85 


Ten   per  cent 
petition. 


Resolution, 
what  to 
contain. 


Union  of 
part  only. 


Referendum. 


Funds  and 
property. 


86 


STATE  OF  MICHIGAN. 


receipt  by  the  latter  of  such  funds  and  property,  such  officers 
shall  be  released  of  liability  therefor,  their  official  bonds  shall 
be  deemed  cancelled,  and  their  offices  terminate.  Where  only 
a  fraction  of  a  district  is  united,  such  accounting  shall  be  pro 
rata  in  the  proportion  of  the  population  united  to  the  whole 
population  of  the  district;  such  officers  shall  be  discharged 
of  liability  for  the  property  accounted  for ;  but  shall  continue 
as  officers  of  the  balance  of  the  district. 

(197)  SEC.  6.  When  such  union  is  perfected,  the  city  dis- 
trict shall  assume  outstanding  indebtedness  of  the  district 
annexed,  or  the  proper  pro  rata  share  thereof,  and  shall 
assume  and  perform  all  legally  binding  contracts  of  such  dis- 
trict, so  far  as  the  same  apply  to  the  part  of  said  district 
united  to  such  city,  district.  Until  such  union  is  perfected, 
all  bonds  outstanding,  and  all  valid  unperformed  contracts, 
and  all  other  liabilities,  of  such  districts  in  annexed  terri- 
tory shall  be  and  continue  valid  and  enforceable  obligations 
thereof,  and  said  districts  shall  continue  to  exercise  their 
powers  as  such. 


Debts  and 
contracts. 


When  city 
school 
districts 
consolidated. 


How 
proposed. 


CONSOLIDATION  OF  SCHOOL  DISTRICTS  IN  INCOR- 
PORATED CITY. 

An  Act  to  provide  for  the  consolidation  of  school  districts  which  are 
within  the  limits  of  any  incorporated  city. 

[Act  9,  P.  A.,  Ex.   Sess.  1919.] 

•  The  People  of  the  State  of  Michigan  enact: 

(198)  SECTION  1.    Whenever  any  incorporated  city  of  the 
state  shall  contain  within  its  limits  two  separate  school  dis- 
tricts, formed  or  created  under  the  general  school  law  or 
under  any  local  act  or  special  law,  the  said  school  districts 
may  be  consolidated  into  one  school  district  in  the  manner 
hereinafter  prescribed. 

(199)  SEC.  2.     The  governing  body  of  either  of  the  sep- 
arate school  districts  may  propose  such  union  by  resolution, 
setting  forth  the  terms  thereof,  which  resolution  shall  be 
transmitted  to  the  other  body  and  shall  be  acted  upon  by  it. 
The  governing  body  of  either  of  the  separate  school  districts 
shall  propose  such  union  when  requested  by  petition  of  ten 
per  cent  of  the  voters  of  its  district.    A  quorum  may  act  in 
each  case  and  a  majority  of  the  body  may  pass  such  resolu- 
tion.   Whenever  such  resolution  shall  have  passed  each  body 
a  copy  thereof  shall  be  certified  to  by  the  secretary  of  each 
and  filed  with  the  city  clerk.    The  city  clerk  shall  thereupon 
submit  the  question  of  such  union  to  the  voters  in  each  school 
district  proposed  to  be  united,  at  a  regular  or  special  election 
to  be  called  for  that  purpose. 


GENERAL  SCHOOL  LAWS. 


87 


200)  SBC.  3.  The  resolution  shall  set  up  the  name  of  the 
re  pective  school  districts;  shall  recite  the  real  property 
ov  ned  by  said  district  according  to  its  legal  description,  and 
th  !  personal  property  with  reasonable  particularity  sufficient 
to  enable  it  to  be  accurately  identified  ;  shall  recite  the  bonded 
in  lebtedness  of  said  district  ;  and  shall  provide  that  when  the 
m  jority  of  the  electors  of  each  district  shall  have  voted  in 
fa  ror  of  consolidating  the  school  districts,  said  consolidated 
sc  100!  district  shall  acquire  the  property  of  each  district. 

(201)  SEC.  4.    That  the  procedure  in  said  election,  so  far 
aj-  the  advertising  of  said  election,  casting  of  ballots  and  the 
C(  inting  and  recording  of  same,  shall  follow,  as  near  as  may 
b<  ,  the  method  prescribed  for  city  elections  within  said  city, 
t«:  cept  as  herein  otherwise  provided. 

(202)  SEC.  5.    Every  citizen  of  the  United  States  of  the 
a  e  of  twenty-one  years  or  over,  male  or  female,  who  owns 
p  operty  which  is  assessed  for  school  taxes  in  such  districts, 
o    who  is  the  parent  or  legal  guardian  of  any  child  of  school 
a  ;e  included  in  the  school  census  of  such  district  and  who  has 
r»  sided  in  said  district  at  least  three  months  next  preceding 
s  .ch  election,  shall  be  a  qualified  voter. 

(203)  SEC.  6.    That  upon  the  determination  of  the  result 
n    said  election,  if  it  should  appear  that  the  majority  of  the 
e  ectors  of  each  school  district  shall  have  voted  in  favor  of 
c  msolidating  the   school   districts,   the   consolidation   shall 
t  icreupon  be  considered  as  immediately  effective.    The  new 
(  msolidated  district  shall  thereafter  be  considered  as  created, 
a  ad  shall  operate  under  the  general  school  law,  the  same 
baing  act  number  one  hundred  sixty-six  of  the  public  acts 
of  nineteen  hundred  seventeen,  as  amended. 

(204)  SEC.  7.     When  the  electors  of  each  school  district 
have  voted  in  favor  of  consolidating  the  school  districts  as 
herein  provided,  a  certified  copy  of  the  resolution  as  adopted 
ty  the  governing  body  of  each  district,  and  of  the  result  of 
the  election  in  each  school  district,  shall  be  recorded  in  the 
register  of  deeds'  office  and  shall,  when  so  recorded,  pass  the 
ligal  title  of  the  real  and  personal  property  of  each  district, 
to  the  new  consolidated  school  district,  and  shall  be  sufficient 
(  vidence  of  such  union. 

(205)  SEC.  8.    When  such  union  is  perfected,  the  consoli- 
dated  school  district  shall  assume  outstanding  indebtedness 
of  the  districts  united,  and  shall  assume  and  perform  all 
legally  binding  contracts  of  such  districts.    Until  such  union 
is  perfected,  all  bonds  outstanding  and  all  valid  unperformed 
contracts,  and  all  other  liabilities,  shall  be  and  continue  valid 
;md  enforceable  obligations  thereof,  and  said  districts  shall 
continue  to  exercise  their  power  as  such. 

(206)  SEC.  9.    This  act  shall  not  be  construed  as  repealing 
3r  affecting  in  any  way  act  number  sixty-five  of  the  public 
icts  of  nineteen  hundred  nineteen. 


Resolution, 


Election. 
ducted,netc. 


whoquaii- 
f 


Consoiida- 
effective611 


Evidence  of 
union- 


etc. 


88 


STATE   OF   MICHIGAN. 


School  dis- 
trict, division 
of. 

Proviso, 
notice  of. 


Election 
inspectors, 
etc.,  appoint- 
ment of. 


Vacancies, 
how  filled. 


Registration, 
when  made. 


Board  of 
election  in- 
spectors, 
duty  of. 


An  Act  relative   to   dividing  city  school   districts   into   election   pre- 
cincts, and  to  provide  the  manner  of  holding  elections  therein. 

[Act  385,  P.  A.  1913.] 

The  People  of  the  State  of  Michigan  enact: 

(207)  §  5850.     SECTION  1.     In  any  city  school  district, 
the  board  of  education  thereof  may  divide  said  district  into 
two  or  more  election  precincts :    Provided,  That  such  division 
be  made  at  least  twenty  days  previous  to  the  first  annual 
meeting  or  election  held  thereafter,  and  a  diagram  of  the 
boundaries  of  each  precinct  be  posted  therein,  in  not  less 
than  three  of  the  most  public  places  in  each  precinct,  with 
a  plain  description -and  the  number  of  the  same,  not  less 
than  fifteen  days  previous  to  such  meeting  or  election,  and 
by  publishing  said  notice  in  a  newspaper,  if  one  is  published 
and  circulated  in  said  district,  for  at  least  three  weeks  pre- 
vious to  such  meeting  or  election. 

(208)  §  5851.     SEC.  2.     The  board  of  education  of  any 
district  so  divided  shall,  not  less  than  ten  days  prior  to  any 
meeting  or  election,  appoint  the  members  of  the  boards  of 
registration,  and  the  inspectors  of  election  and  other  neces- 
sary election  officers  for  each  precinct  of  the  district,  and 
the   secretary   of   the   board    shall    notify   each    person    so 
appointed  thereof.     No  person  shall  serve  on  such  boards, 
unless  he  is  an  elector  and  resides  in  the  precinct  for  which  he 
is  appointed. 

(209)  §  5852.     SEC.  3,     In  case  any  of  the  persons  so 
appointed  to  serve  on  such  boards  of  registration  and  election 
decline  to  act,  or  neglect  to  appear  at  the  time  and  place 
designated,  the  members  of  the  board  present  or  the  electors 
at  the  polls,  may  fill  any  vacancy  or  vacancies  existing. 

(210)  §  5853.    SEC.  4.    After  a  district  has  been  divided 
into  election  precincts  under  the  provisions  of  this  act,  the 
board  of  education  shall  order  a  new  registration   of  the 
qualified  electors  to  be  made  in  each  precinct  the  Saturday 
preceding  any  meeting  of  the  district  at  which  an  election 
is  to  take  place,  and  it  shall  be  the  duty  of  the  board  of  educa- 
tion to  order  a  new  registration  in  each  precinct  every  four 
years  from  and  after  the  first  annual  meeting  or  election  held 
in  any  district  .after  it  has  been  divided  into  precincts  under 
the  provisions  of  this  act. 

(211)  §  5854.    SEC.  5.    After  the  votes  have  been  counted 
in  a  precinct  at  any  election,  the  board  of  election  inspectors 
shall  make  out  a  correct  and  true  statement  thereof,  in  dupli- 
cate, and  certify  to  the  same.     One  copy  thereof  shall  be 
deposited  in  the  ballot  box  and  the  other  shall  be  delivered  to 
the  chairman   of   the  board   of   election   inspectors   of   the 
precinct,  and  it  shall  be  the  duty  of  said  chairman  to  file  the 
said  statement  with  the  secretary  of  the  board  of  education 


GENERAL  SCHOOL  LAWS.  89 

wii  iin  twenty-four  hours  after  so  receiving  the  said   state- 
me  it. 

212)  vjnsnri.  SEC.  6.  The  board  of  education  of  the  dis-  Canvass. 
tri  t  shall  meet  at  it  [its]  usual  place  of  meeting  on  the 
,w«  dnesday  succeeding  an  election  at  ten  o'clock  in  the  fore- 
no<  n,  and  shall,  without  adjourning,  canvass  the  returns 
frc  n  the  several  precincts  of  the  district  and  declare  tin- 
res  lit  of  the  election.  Said  canvass  shall  be  open  to  the 
pn  die.  The  secretary  shall  enter  the  proceedings  of  such 
ca-  vass  upon  the  records  of  the  district. 

•Jl.'J)      §  585(1.     SEC.  7.     Except  as  provided  in  this  act,   Elections, 
tli    manner  of  conducting  elections  shall  be  the  same  as  pro-   how^eld- 
vi<  ed  in  the  general  school   laws  of  the  state  and  any  local 
ac    in  force  in  such  district. 

1*14  >      §  5S5T.     SEC.  8.     This  act  shall  not  apply  to  any   Application 
c-ii  \-  school  district  now  authorized  by  law  to  divide  such  dis- 
ti    -t  into  election  precincts  or  districts. 

L'ir»     §  :>sr>8.    SEC.  9.    This  act  shall  apply  only  to  cities   idem. 
of  under  twenty-five  thousand  inhabitants. 

:  ection  10  declares  this  act  immediately  necessary  for  (he  preservation  of  the 
pu  lie  peace  and  safety. 


Ai  Act  relative  to  dividing  city  school  districts  into  election  precincts, 
o  provide  for  the  registration  of  voters  and  for  the  holding  of  elec- 
ions  therein. 

[Act  275,  P.  A.  1915.] 

Sections  2  and  7  of  this  act  are  amended  by  Act  303,  P.  A.  1919  (see  corn- 
pi  1  ;r's  sections  225-28),  effective  in  districts  where  ratified  by  electors. 


The  People  of  the  State  of  Michigan  enact: 


(216)  §  5841.    SECTION  1.    The  board  of  education  of  any   Board  may 
school  district  composed  in  whole  or  in  part  of  territory  district?6 
si  ;uated  in  any  city  in  this  state  may  divide  said  district  into 

sv  ch  number  of  voting  precincts  as  shall  be  necessary,  and 
shall  provide  for  the  registration  of  voters,  and  for  elections 
therein  suitable  ballot  boxes,  poll  lists  and  other  supplies  or 
ecuipment  as  may  be  necessary  or  proper.  Such  division 
si  all  be  made  at  least  sixty  days  previous  to  the  first  elec- 
tion after  this  act  becomes  operative  in  any  district. 

(217)  §  584  L\     SKC.  2.     A   registration   of   the  qualified  Registration. 
el ectors  in  each  district  shall  be  made  in  each  voting  pre- 

c  net,  and  the  name,  sex  and  address  of  each  person  regis- 
tering, and  whether  the  owner  of  property  assessed  for  school 
tuxes  or  a  parent  or  legal  guardian  of  children  of  school 
as^e.  Such  registration  shall  in  all  respects  not  herein  speci- 
fied be  conducted  in  the  same  manner  as  the  registration 
i  -quired  or  provided  for  with  reference  to  general  elections, 

Kail  laws  of  the  state  for  preserving  the  purity  of  elec-   LaWg 
s  and  for  preventing  fraud  and  corruption  shall  govern   applicable. 


90 


STATE  OF  MICHIGAN. 


Sessions 
of  boards? 


all  elections  and  registrations  under  this  act  so  far  as  the 
same  are  applicable.  No  unregistered  person  shall  be  allowed 
to  vote  at 'any  school  election  unless  such  person  has  quali- 
fied under  oath  under  the  provisions  of  law  regulating  elec- 
when  made,  tions  in  cities.  The  first  registration  of  voters  shall  be  made 
in  each  voting  precinct  in  said  district  on  the  last  Saturday 
previous  to  the  date'  of  the  annual  school  election  as  fixed 
by  law,  or  of  any  special  election  that  may  be  ordered  or  pro- 
vided by  law,  and  subsequent  registrations  shall  be  made  on 
the  last  Saturday  preceding  any  election  in  such  district  and 
whenever  the  board  of  education  may  provide  for  a  general 
registration  therein.  Boards  of  registration  shall  be  in  ses- 
sion in  the  several  voting  precincts  continuously  between 
the  hours  of  three  o'clock  and  eight  o'clock  in  the  afternoon 
on  registration  days. 

Am.  1919,  Act  303.     Effective  when  ratified  by  electors  in  accordance  with 
section  2  of  said  act.     See  compiler's  sections  225-28.  ^ 

(218)  §  5843.     SEC.  3.     The  board  of  education  in  each 
district  so  divided  shall  appoint  three  qualified  electors  in 
each  voting  precinct  to  compose  a  board  of  registration  and 
a  board  of  election  inspectors.     Such  appointment  shall  be 
made  at  least  ten  days  prior  to  the  time  required  for  regis- 
tration and  election  as  the  case  may  be.    The  same  electors 
may  be  appointed  members  of  both  boards.     Each  member 
shall   take   the   constitutional   oath   of   office   and   shall  be 
entitled  to  administer  oaths  to  any  person  in  connection  with 
the  registration  or  election.     In  case  of  inability  or  refusal 
to  act,  the  board  of  education  may  fill  the  vacancy,  and  in 
case  the  members  shall  not  all  be  present  at  the  time  of  the 
opening  of  the  registration  or   of  the  polls,  the  qualified 
electors  present  may  fill  the  vacancy.    The  inspectors  of  elec- 
tion shall,  immediately  after  canvassing  the  votes,  make  their 
return  thereof  and  deliver  the  same  to  the  secretary  of  the 
board  of  education. 

(219)  §  5844.     SEC.  4.     Notice  of  the  time  and  place  of 
holding  any  registration  or  election  shall  be  given  by  the 
secretary  of  the  board  of  education,  by  posting  notice  thereof 
in  three  public  places  in  each  voting  precinct  in  which  the 
registration  or  election  is  to  be  held,  at  least  ten  days  before 
the  registration  or  election,  and  by  publication  in  one  or 
more  of  the  city  papers,  if  any,  in  the  district,  at  least  six 
times  within  ten  days  next  preceding  the  election.     If  no 
daily  paper  is  published  in  the  district,  the  notice  shall  be 
published  at  least  once  in  a  weekly  newspaper  published 
therein.     The  notice  of  election  shall  contain  the  names  of 
all  candidates  for  each  office  to  be  voted  on,  and  the  substance 
of  all  special  matters,  if  any,  to  be  submitted  thereat. 

(220)  §  5845.    SEC.  5.    The  board  of  education  shall  con- 
vene on  Thursday  next  succeeding  any  election  at  the  usual 
hour  and  place  of  meeting,  and  canvass  the  returns,  and 
from  the  statements  filed  with  the  secretary,  shall  determine 


Board  of 

registration, 

etc. 


Oath    of 
office. 


Vacancy. 


Return 
of  yotes. 


Notice  of 
registration. 


Canvass. 


GENERAL  SCHOOL  LAWS. 


Who  deemed 
elected. 


Tie  vote. 
Notification. 


Oath  of  office. 


Nomination 
by  petition. 


tl  i  result  of  the  election  upon  each  question  and  proposition 
vo  ed  upon,  and  what  persons  were  duly  elected  at  said  elec- 
ti«  a.  The  secretary  shall  make  triplicate  certificates  of  such 
d(  ;ermination  under  the  corporate  seal  of  the  district,  show- 
in  j  the  result  of  the  election  upon  each  question  or  proposi- 
ti<  n,  and  what  persons  were  declared  elected  to  the  several 
oi  ces  respectively,  one  of  which  he  shall  file  in  the  office  of 
tli  i  county  clerk  of  the  county,  one  in  the  office  of  the  city 
cl  rk  of  the  city  in  which  such  district  is  situated,  and  the 
ot  ler  shall  be  filed  in  his.  own  office.  The  person  receiving 
tl  j  greatest  number  of  votes,  as  shown  by  said  statements, 
si  ill  be  deemed  to  have  been  duly  elected,  but  if  there  shall  be 
n«  choice  by  reason  of  two  or  more  candidates  having  received 
a)  equal  number  of  votes,  the  board  of  education  shall  at 
tl  3  time  of  canvassing  the  votes,  determine  by  lot  between 
s;  id  persons  which  one  shall  be  elected  to  said  office.  It  shall 
b«  the  duty  of  the  secretary  of  the  board,  within  five  days 
a  ter  the  determination,  to  notify  in  writing  each  person 
el  icted  of  his  election,  and  he  shall  file  a  written  acceptance 
01  such  election,  together  with  the  constitutional  oath  of 
01  ice  within  ten  days  after  receiving  such  notice,  or  the 
o  ice  will  be  deemed  vacant.. 

(221)  §  5846.  SEC.  6.  Candidates  for  members  of  the 
b  »ard  of  education  shall  be  nominated  by  petition,  which 
si  all  be  filed  with  the  secretary  of  the  board  of  education 
n  )t  less  than  ten  days  nor  more  than  fifteen  days  prior  to 
tl  e  date  of  election.  Each  petition  shall  be  signed  by  not 
1(  38  than  twenty-five  qualified  registered  School  electors  of 
tl  e  district.  No  elector  shall  sign  the  petition  for  more  can- 
d  dates  than  are  to  be  elected.  Said  petition  shall  be  sub- 
si  antially  in  the  following  form: 

"We,  the  undersigned  qualified  school  electors  of  the  (name 

0  district)  do  hereby  nominate of 

si  reet,  of  said  district,  as  a  member  of  the  board  of  education 
o?  said  district." 

Upon  the  filing  of  such  petitions  the  secretary  of  the  board 
shall  place  the  same  in  the  public  files  of  his  office,  and  for 
at  least  five  days  immediately  preceding  said  election,  shall 
publish  the  names  proposed  in  a  daily  newspaper  of  the  dis- 
t  -id.  and  if  there  is  no  daily  newspaper  in  the  district, 
^tlie  names  shall  be  published  in  all  the  weekly  news- 
papers of  the  district  for  at  least  one  edition  during  the  week 
li receding  the  election,  and  if  there  shall  be  no  paper  pub- 

1  shed  in  the  district,  he  shall  post  printed  lists  of  such  names 
i  i  three  of  the  most  public  places  in  each  school  voting  pre- 
cinct in  said  district  one  week  before  the  election.    The  secre- 
t  try  of  the  board  of  education  shall  prepare  and  have  printed 
an  official  ballot,  which  shall  be  in  substantially  the  same 
form  as  provided  in  the  general  election  law,  on  which  shall 
t«e  placed  the  names  of  all  who  have  been  duly  named  for 
members  of  said  board.    In  the  printing  of  such  ballots  the 
pro  visions  of  the  general  law  of  the  state  for  transposing 


Form. 


Publication 
of  names. 


Official 
ballot. 


92 


STATE  OF  MICHIGAN. 


Proviso, 
election 
emblem. 


Conduct   of 
election. 


Referendum. 


Ballot. 


Re-submis- 
sion. 


Form. 


and  alternating  the  names  of  candidates  shall  apply:  Pro- 
vided, That  no  party  emblem  or  designation  shall  be  placed 
upon  school  election  ballots. 

(222)  §  5847.     SEC.  7.     Except  as  provided  in  this  act, 
the  manner  of  conducting  elections  shall  be  the  same  as  pro- 
vided in  the  general  school  laws  of  this  state  and  any  local 
act  in  force  in  such  district. 

Am.  1919,  Act  303.     Effective  when   ratified  by  electors  in  accordance  with 
section  2  of  said  act.    See  compiler's  sections  225-28. 

(223)  §  5848.     SEC.  .8.     This  act  shall  not  be  in  force  or 
take  effect  in  any  district  until  a  majority  of  the  voters  voting 
on  such  proposition  shall  vote  in  favor  of  the  same.     Such 
proposition  may  be  submitted  to  the  voters  of  any  school  dis- 
trict at  such  time  or  times  as  the  board  of  education  of  such 
district  shall  determine,  and  when  submitted,  the  ballot  for 
voting  thereon  shall  be  in  substantially  the  following  form : 

"Shall  this  school  district  be  divided  into  voting  precincts 
and  registration  of  voters  made  and  elections  hereafter  held 
in  such  several  voting  precincts? 

Yes  [  ] 

No     [  ]» 

(224)  §  5849.    SEC.  9.    If  any  election  district  has  elected 
to  come  under  the  provisions  of  this  act,  such  district  may 
at  any  time  after  two  years,  upon  a  petition  signed  by  ten  per 
cent  of  the  qualified  electors  in  said  district,  re-submit  the 
question  of  the  continuance  or  discontinuance  of  this  act 
within  such  district.     The  form  of  the  proposition  for  the 
re-submission  of  the  question  shall  be  drafted  by  the  board  of 
education  when  submitted  at  any  succeeding  special  or  gen- 
eral election. 


Sections 
amended. 


An  Act  to  amend  sections  two  and  seven  of  act  number  two  hundred 
seventy-five  of  the  public  acts  of  nineteen  hundred  fifteen,  entitled 
"An  act  relative  to  dividing  city  school  districts  into  election  pre- 
cincts ;  to  provide  for  the  registration  of  voters  and  for  the  holding 
of  elections  therein,"  being  sections  five  thousand  eight  hundred 
forty-two  and  five  thousand  eight  hundred  forty-seven  of  the  com- 
piled laws  of  nineteen  hundred  fifteen. 

[Act  303,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(225)  SECTION  1.  Sections  two  and  seven  of  act  number 
two  hundred  seventy-five  of  the  public  acts  of  nineteen  hun- 
dred fifteen,  entitled  "An  act  relative  to  dividing  city  school 
districts  into  election  precincts;  to  provide  for  the  registra- 
tion of  voters  and  for  the  holding  of  elections  therein,"  being 
sections  five  thousand  eight  hundred  forty-two  and  five  thou- 
sand eight  hundred  forty-seven  of  the  compiled  laws  of  nine- 


GENERAL  SCHOOL  LAWS. 


i 

• 


i  jen  hundred  fifteen,  are  hereby  amended  so  as  to  read  as 
i  )llows : 

(226)  §  5842.     SEC.  2.     A    registration   of    the   qualified 
lectors  in  each  district   shall  be  made  in  each  voting  pre- 
inct,  and  the  name,  sex  and  address  of  each  person  register- 
ig.  and  whether  the  owner  of  property  assessed  for  school 
ixes  or  a  parent  or  legal  guardian  of  children  of  school  age. 
'iich  registration  shall  in  all  respects  not  herein  specified  be 
ond ucted  in  the  same  manner  as  the  registration  required 

•  r  provided  for  with  reference  to  general  elections,  and  all 
iws  of  the  state  for  preserving  the  purity  of  elections  and  for 
>reventing  fraud  and  corruption,  shall  govern  all  elections 
nd  registrations  under  this  act  so  far  as  the  same  are  applic- 
ble.    No  unregistered  person  shall  be  allowed  to  vote  at  any 
chool  election  unless  such  person  has  qualified  under  oath 
inder  the  provisions  of  law  regulating  elections  in  cities.  The 
irst  registration  of  voters  shall  be  made  in  each  voting  pre- 
inct  in  said  district  on  the  last  Saturday  previous  to  the  date 
>t'  the  annual  school  election  as  fixed  by  law,  or  of  any  special 
•lection  that  may  be  ordered  or  provided  by  law,  and  subse- 
jiient   registrations  shall  be  made  on  the  last  Saturday  pre- 
eding  any  election  in  such  district,  and  whenever  the  board 
>f  education  may  provide  for  a  general  registration  therein: 
1'rovided.  however,  The  board  of  education  may  make  pro- 
vision for  the  registration  of  the  school  electors  of  said  dis- 
trict  on  such  days  and  times  other  than  those  above  men- 
tioned, as  it   may  deem  advisable,  and  may  provide  for  the 
registration  of  qualified  school  electors  by  the  secretary  of 
the  board  of  education  when  the  boards  of  registration  in  the 
precincts  of  said  district  are  not  in  session.    Boards  of  regis- 
t  rat  ion  shall  be  in  session  in  the  several  voting  precincts  con- 
tinuously between  the  hours  of  three  o'clock  and  eight  o'clock 
in  the  afternoon  on  registration  days,  and  such  additional 
hours  as  the  board  of  education  may  direct. 

(227)  §  5847.     SEC.  7.     Except  as  provided  in  this  act, 
the  manner  of  conducting  elections  shall  be  the  same  as  pro- 
vided in  the  general  school  laws  of  this  state  and  any  local 
act  in  force  in  such  district:    Provided,  however,  In  a  school 
district  operating  under  any  local  act  which  fixes  the  hours 
during  which  the  polls  shall  be  open  for  elections,  the  board 
of  education  of  said  district  may  determine  hours  other  and 
ditlerent  from  those  so  fixed  during  which  the  polls  shall  be 
open  for  elections  in  said  district  if  it  deem  the  same  advis- 
able:   Provided  further.  In  any  school  district  coming  within 
tin-  provisions  of  this  act,  the  board  of  education  shall  deter- 
mine what  questions  and  propositions,  other  than  the  issu- 
ance of  bonds,  shall  be  submitted  to  the  vote  of  the  electors 
of  the  district  voting  in  precincts  as  herein  provided  for,  and 
all   other  questions,   propositions  and   matters   upon  which 
action  by  a  vote  of  the  electors  of  the  district  is  required 
or  necessary,  shall  be  acted  upon  at  the  annual  meeting  of 


Registration. 


How 
conducted. 


Unregistered 
persons. 

First 
registration. 


Subsequent 
registrations. 


Proviso, 
other  times. 


Hours  boards 
in   session. 


Law  govern- 
ing   elections. 


Proviso, 
local  pro- 
visions. 


Further 
proviso, 
propositions, 
etc.,    sub- 
mitted. 


Other 

questions. 


STATE  OF  MICHIGAN. 


Ballot. 


the  voters  of  the  district,  or  at  a  special  meeting  thereof, 
called  and  held  as  provided  by  law. 

Referendum.  (228)  SEC.  2.  This  act  shall  not  be  in  force  or  take  effect 
in  any  district,  which  shall  have  adopted  the  provisions  of 
said  act  number  two  hundred  seventy-five  of  the  public  acts 
of  nineteen  hundred  fifteen,  until  a  majority  of  the  voters 
voting  on  such  proposition  shall  vote  in  favor  of  the  same. 
Such  proposition  may  be  submitted  to  the  voters  of 
any  such  school  district  at  such  time  or  times  as  the  board 
of  education  of  such  district  shall  determine,  and  when  sub- 
mitted, the  ballot  for  voting  thereon  shall  be  in  substantially 
the  following  form: 

Shall  this  school  district  adopt  act  number 

of  the  public  acts  of  nineteen  hundred  nineteen,  amending 
sections  two  and  seven  of  act  number  two  hundred  seventy- 
five  of  the  public  acts  of  nineteen  hundred  fifteen,  sections 
five  thousand  eight  hundred  forty-two  and  five  thousand  eight 
hundred  forty-seven  of  the  compiled  laws  of  nineteen  hun- 
dred fifteen,  said  act  so  amended  being  "An  act  relative  to 
dividing  city  school  districts  into  election  precincts;  to  pro- 
vide for  the  registration  of  voters  and  for  the  holding  of 
election  therein?" 

Yes  (   ). 

No     (  ). 


When  board 
to  purchase 
text-books. 


Proviso. 


Further 
proviso. 


MISCELLANEOUS  PROVISIONS   RELATIVE   TO   EDU- 
CATION AND  THE  SCHOOLS. 

TEXT-BOOKS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  free  school  text- 
books in,  public  schools  throughout  the  state,  and  the  distribution 
of  the  same,  and  to  repeal  all  statutes  and  acts  contravening  the 
provisions  of  this  act. 

[Act  147,  P.  A.  1889.] 

The  People  of  the  State  of  Michigan  enact: 

(229)  §  5781.  SECTION  1.  From  and  after  June  thirty, 
eighteen  hundred  ninety,  each  school  board  of  the  state  shall 
purchase,  when  authorized  as  hereinafter  provided,  the  text- 
books used  by  the  pupils  of  the  schools  in  its  district.  Text- 
books once  adopted  under  the  provisions  of  this  act  shall 
not  be  changed  within  five  years:  Provided,  That  the  text- 
book on  the  subject  of  physiology  and  hygiene  must  be 
approved  by  the  state  board  of  education  and  shall  in  every 
way  comply  with  section  fifteen  of  act  number  one  hundred 
sixty-five  of  the  public  acts  of  eighteen  hundred  eighty-seven, 
approved  June  nine,  eighteen  hundred  eighty-seven:  And 
provided  further,  That  all  text-books  used  in  any  school  dis- 
trict shall  be  uniform  in  any  one  subject. 


The  section  above  referred  to  Is  section  60. 


II 


GENERAL  SCHOOL  LAWS.  95 

FREE  TEXT-BOOKS  :     It  has  never  been  claimed  that  school  boards  have 

e  jHiw.-r  to  furnish  free  text-books  except  by  virtue  of  special  legislation. — 
•tion  v.  Detroit,  80/548. 

TEXT-BOOKS:  The  provision  of  the  law  that  books  once  adopted  shall 
>t  he  eli;».iij,'e<l  within  five  years  was  designed  to  protect  the  public  and  not 
r  the  benefit  of  book  publishers. — Att'y  Gen'l  vs.  Bd.  of  Ed.,  133  /  OM 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  text-book 
r  the  use  in  the  schools  constituted  an  adoption  of  that  book.  The  five  years 
>gan  to  run  from  the  date  of  such  resolution,  not  from  the  time  the  book 
as  completely  installed  in  the  school.  A  resolution  of  the  board  to  pur- 
lase  con. -liii  text  books  for  "supplementary  use"  shows.no  intention  to  adopt, 
id  is  illegal  and  void. — Att'y  Gen'l  ex  rel.  Marr  v.  Bd.  of  Edu.,  Detroit ;  D.  C. 
eath  &  Co.  v.  same,  133  /  681. 

I 'rider  its  organic  act  (Act  233  of  1869)  the  Detroit  board  of  education 
mnot  buy  school  books  for  high  school  students  and  sell  them  at  cost. — 
ttorney  General  v.  Bd.  of  Ed.  of  Detroit,  175  /  438. 

(230)     §  5782.    SEC.  2.    The  district  board  of  each  school   B0°*er£ct 
istrict  shall  select  the  kind  of  text-books  on  subjects  enumer-  the  kind, 
ted  in  section  one  to  be  taught  in  schools  of  their  respective 
istricts :     Provided,   That   nothing   herein   contained   shall  Proviso, 
eqnire  any  change  in  text-books  now  in  use  in  such  district. 
'hey  shall  cause  to  be  posted  in  a  conspicuous  place,  at  least  Notice  to 
on  days  prior  to  the  first  annual  school  meeting  from  and  Question, 
fter  the  passage  of  this  act,  a  notice  that  those  qualified  to 
ote  upon  the  question  of  raising  money  in  said  district  shall 
•ote  at  such  annual  meeting  to  authorize  said  district  board 
o  purchase  and  provide  free  text-books  for  the  use  of  .the 
mpils  in  said  district.     If  a  majority  of  all  the  voters  as 
ibove  provided  present  at  such  meeting  shall  authorize  said 
>oard  to  raise  by  tax  a  sum  sufficient  to  comply  with  the  pro- 
risions  of  this  act,  the  district  board  shall  thereupon  make  a 
ist  of  such  books  and  file  one  copy  with  the  township  clerk 
ind  keep  one  copy  posted  in  the  school,  and  due  notice  of  such 
iction  by  the  district  shall  be  noted  in  the  annual  report  to 
lie  superintendent  of  public  instruction.    The  district  board 
thall  take  the  necessary  steps  to  purchase  such  books  for  the 
isc  of  all  pupils  in  the  several  schools  of  their  district,  as 
leivinnfter  provided.*  The  text-books  so  purchased  shall  be  Books  to  be 
he  property  of  the  district  purchasing  the  same,  and  shall  be  distPHctfe°tc. 
loaned  to  pupils  free  of  charge,  under  such  rules  and  regula- 
tions for  their  careful  use  and  return  as  said  district  board 
may   establish:     Provided,   That   nothing   herein   contained   Provi*>. 
•shall  prevent  any  person  from  buying  his  or  her  books  from 
the  district  board  of  the  school  in  which  he  or  she-  may 
attend :     Provided  further,  That  nothing  herein  contained   Further 
shall  prevent  any  district  having  once  adopted  or  rejected   pro 
free  text-books  from  taking  further  action  on  the  same  at 
any  subsequent  annual  meeting. 

1)     §  5783.     SEC.  3.     It  shall  be  the  duty  of  the  dis-  B0°natrrda*? 
trict  board  of  any  school  district  adopting  free  text-books   with  pub- 
provided  for  in  this  act  to  make  a  contract  with  some  dealer  1     irs'et 
or  publisher  to  furnish  books  used  in  said  district  at  a  price 
not  iriv;iter  than  the  net  wholesale  price  of  such  books:   Pro-  Proviso. 
video1.  That  any  district  may,  if  it  so  desires,  authorize  its 
district   board  to  advertise  for  proposals  before  making  sueh 

ntraet. 


96 


STATE  OF  MICHIGAN. 


Board  to 
make  annual 
estimate  of 
amount  to 
be  raised. 


When  director 
to  purchase 
books,  etc. 


Refusal  or 
neglect  of 
duty  a  mis- 
demeanor. 


Penalty. 


Proviso. 


Further 
proviso. 


In  cities, 
boards  may 
submit  ques- 
tions to  voters 
of  district. 


(232)  §5784.    SEC.  4.    The  district  board  of  every  school 
district  in  the  state  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount 
of  money  necessary  to  be  raised  to  comply  with  the  condi- 
tions of  this  act,  and  shall  add  such  amount  to  the  annual 
estimates  made  for  money  to  be  raised  for  school  purposes, 
for  the  next  ensuing  year.     Said  sum  shall  be  in  addition 
to  the  amount  now  provided  by  law  to  be  raised;  which 
amount  each  township  clerk  shall  certify  to  the  supervisor 
of  his  township  to  be  assessed  upon  the  taxable  property  of 
the  respective  districts  as  provided  by  law  for  raising  the 
regular  annual  estimates  of  the  respective  district  boards  for 
school  purposes,  and  when  collected  shall  be  paid  to  the  dis- 
trict treasurer  in  the  same  manner  as  all  other  money  belong- 
ing to  said  district  is  paid. 

(233)  §  5785.    SEC.  5.    On  the  first  day  of  February  next 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis- 
trict may  proceed  to  purchase  the  books  required  by  the 
pupils  of  his  district  from  the  list  mentioned  in  section  one 
of  this  act,  and  shall  draw  his  warrant,  countersigned  by  the 
moderator,  upon  the  treasurer  or  assessor  of  the  district  for 
price  of  the  books  so  purchased,  including  the  cost  of  trans- 
portation. 

(234)  §  5786.     SEC.  6.    If  the  officers  of  any  school  dis- 
trict, which  has  so  voted  to  supply  itself  with  text-books, 
shall  refuse  or  neglect  to  purchase  at  the  expense  of  the  dis- 
trict for  the  use  of  the  pupils  thereof,  the  text-books  as 
enumerated  in  section  one  of  this  act,  or  to  provide  the  money 
therefor  as  herein  prescribed,  each  officer  or  member  of  such 
board  so  refusing  or  neglecting  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  a  court  of 
competent  jurisdiction,  shall  be  liable*  to  a  penalty  of  not 
more  than  fifty  dollars  or  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court:   Provided, 
That  any  district  board  may  buy  its  books  of  local  dealers  if 
the  same  can  be  purchased  and  delivered  to  the  director  as 
cheaply  as  if  bought  of  the  party  who  makes  the  lowest  bid 
to  the  district  board :    Provided  further,  That  school  districts 
in  cities  organized  under  special  charters  shall  be  exempt 
from  the  provisions  of  this  act,  but  such  districts  may,  when 
so  authorized  by  a  majority  vote  of  their  district  boards,  sub- 
mit the  question  of  free  text-books  to  the  qualified  voters  of 
said  districts.    If  a  majority  of  the  qualified  electors  vote  in 
favor  of  furnishing  free  text-books,  such  district  boards  shall 
have  authority  to  proceed  under  the  provisions  of  this  act. 

SPECIAL  CHARTERS  :  The  action  of  the  Detroit  board  of  education,  in 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  section, 
was  held  absolutely  void. — Bd.  of  Ed.  v.  Detroit,  80  /  551. 


(IEXERAL  SCHOOL  LAWS. 


97 


An  Act  to  regulate  the  sale,  exchange,  and  use  of  school  text-books 
\  thin  this  state,  to  provide  penalties  for  the  violation  hereof,  and 
t  repeal  act  number  three  hundred  fifteen  of  the  public  acts  of 
i  neteon  hundred  thirteen,  entitled  "An  act  to  regulate  the  sale  of 
s  hool  text -hooks,"  the  same  being  sections  five  thousand  seven  hun- 
(  -ed  eighty-seven  to  five  thousand  seven  hundred  ninety-eight, 
i  elusive,  of  the  compiled  laws  of  nineteen  hundred  fifteen. 

[Act  380,  P.  A.   1919.] 

The  People  of  the  ^tate  of  Michigan  enact: 

235)  SECTION  1.  No  board  of  education  or  school  oilicial 
in  my  school  district  in  this  state  shall  purchase,  procure  by 
ox  liange,  adopt,  or  permit  to  be  used  in  the  schools  of  any 
su  h  district  any  school  text-book  which  is  not  listed  with 
th  superintendent  of  public  instruction  as  hereinafter  pro- 
vi<  ed.  Any  person,  firm  or  corporation  desiring  to  offer 
sc  iOol  text-books  for  adoption,  sale,  or  exchange  in  the  state 
of  Michigan  shall  file  with  the  superintendent  of  public 
in  truction  copies  of  all  such  text-books  together  with  a  sworn 
st  tement  of  the  usual  list  price,  the  lowest  net  wholesale 
pi  .ce,  and  the  lowest  exchange  price  at  which  said  book  is 
so  d  or  exchanged  for  an  old  book  on  the  same  subject  of  like 
gi  ide  and  kind  but  of  a  different  series.  No  text-book  shall 
be  listed  by  the  superintendent  of  public  instruction  unless 
th  3  person,  firm,  or  corporation  offering  the  same  shall  enter 
into  a  written  contract  with  the  superintendent  of  public 
instruction,  acting  on  behalf  of  the  state  of  Michigan  and 
the  school  districts  thereof,  which  said  contracts  shall 
ci  ibrace  the  following  terms  and  conditions : 

(a)  That  said  person,  firm,  or  corporation  will  furnish  any 
of  the  books  listed  in  said  statement,  and  in  any  other"  sta te- 
rn snt  subsequently  filed  by  him,  at  any  time  within  a  period 
of  one  year  after  such  filing,  to  any  such  district  or  any 
school  corporation  in  the  state  of  Michigan  at  the  lowest 
piice  contained  in  said  statement,  and  that  said  prices  shall 
be  maintained  uniformly  through  the  state; 

(b)  That  the  prices,  as  set  forth  in  said  statement,  shall 
be  automatically  reduced  in  the  state  of  Michigan  whenever 
reductions  are  made  elsewhere  in  the  United  States,  after 
Jmnary  one,  nineteen  hundred  eighteen,  so  that  at  no  time 
shall  any  book  so  filed  and  listed  be  sold  or  offered  for  sale 
by  such  person,  firm,  or  corporation  in  the  state  of  Michigan 
at  higher  net  prices  than  are  received  for  such  book  else- 
where in  the  United  States,  and  regardless  of  whether  such 
book  is  so  sold  or  offered  for  sale  elsewhere  in  accordance 
vith  the  terms  of  a  contract,  or  otherwise; 

(c)  That  all  text-books  offered  for  sale,  adoption,  use,  or 
exchange  jn  the  state  of  Michigan  shall  be  at  least  equal  in 
ruality  to  those  deposited  in  the  office  of  the  superintendent 
<.  f  public  instruction  as  regards  paper,  binding,  printing,  illus- 


Sc-hool 
officers  to 
procure  listed 
books. 


Duty  of  pub- 
lisher, etc. 


Contract 
required. 


Conditions, 
etc. 

Agreement 
to  furnish, 
etc. 


Automatic 
reduction. 


quality. 


98 


STATE  OF  MICHIGAN. 


Combina- 
tions, etc. 


Right  to 

cancel 

filings. 


trations,  subject  matter  and  any  and  all  other  particulars 
affecting  the  value  of  such  text-books; 

editions  W     That  in  case  any  abri(lged  or  special  edition  of  any 

of  the  books  so  listed  by  any  person,  firm,  or  corporation  is 
prepared  thereby  and  is  offered  for  sale  elsewhere  in  the 
United  States  at  lower  wholesale  prices  than  the  net  whole- 
sale price  of  said  book,  or  books,  according  to  the  statement 
filed  with  the  superintendent  of  public  instruction,  said  per- 
son, firm  or  corporation  shall  file  a  copy  of  such  special  edi- 
tion together  with  the  price  therefor  with  the  superintendent 
of  public  instruction,  and  shall  sell  and  offer  the  same  for  sale 
for  use  in  the  public  schools  of  the  state  of  Michigan  at  the 
lowest  net  prices  at  which  said  book  is  sold  or  offered  for  sale 
elsewhere  in  the  United  States ; 

(e)  That  the  person,  firm,  or  corporation  shall  not  enter 
into  any  understanding,  agreement,  or  combination  to  control 
the  prices  of  school  text-books  or  to  restrict  competition  in 
the  sale  thereof  for  use  in  the  public  schools  of  the  state  of 
Michigan ; 

(f )  That  the  superintendent  of  public  instruction  may,  if 
he  ascertains  at  any  time  that  any  person,  firm,  or  corpora- 
tion listing  books  with  him  as  herein  provided  is  selling  or 
offering  for  sale  any  such  book  or  books  elsewhere  in  the 
United  States  at  lower  prices  than  those  for  which  said  book 
or  books  are  sold  or  offered  for  sale  in  the  state  of  Michigan, 
cancel  all  filings  on  the  part  of  any  such  person,  firm,  or  cor- 
poration, and  remove  from  the  list  hereafter  referred  to  all 
books  sold  or  offered  for  sale  by  such  person,  firm,  or  corpora- 
tion:   Provided,  That  nothing  in  this  act  shall  be  construed 
to  disturb  contracts  entered  into  with  school  boards  previous 
to  January  first,  nineteen  hundred  nineteen. 

(236)  SBC.  2.     The  superintendent  of  public  instruction 
shall  not  enter  into  any  contract,  as  above  provided,  unless 
and  until  the  person,  firm,  or  corporation  seeking  to  have  its 
books  listed  hereunder  shall  enter  into  a  bond  to  the  people 
of  the  state  of  Michigan  in  the  penal  sum  of  five  thousand 
dollars  conditioned  for  the  faithful  execution  of  the  terms  of 
the  contract.    Said  bond  shall  be  subject  to  the  approval  of 
the  attorney  general  of  the  state  and  shall  be  executed  as 
surety  by  some  responsible  surety  company  authorized  to 
carry  on  its  business  within  the  state  of  Michigan.     Any 
school  district,  school  board,  or  any  person  who  is  aggrieved 
by  any  breach  of  the  contract  aforesaid  may  bring  suit  on 
said  bond  to  recover  the  actual  damages  sustained.     Said 
bond  shall  also  specify  that  in  case  of  suit  thereon  in  the  name 
of  the  people  of  the  state  of  Michigan  as  hereinafter  provided, 
the  amount  of  said  bond  shall  be  regarded  as  liquidated  dam- 
ages for  the  breach  of  the  contract  secured. 

(237)  SBC.  3.    If  any  contract  executed  hereunder  or  any 
bond  securing  the  same  expires  and  is  not  renewed,  or  if  the 
superintendent  of  public  instruction  ascertains  and  deter- 


Proviso, 
existing 
contracts. 


Bond. 


Approval. 


Recovery  of 
damages. 


How  bond 
regarded  in 
case  of  suit. 


When 

listings 

cancelled. 


GENERAL  SCHOOL  LAWS. 


mi  tes  at  any  time  that  the  conditions  of  said  contract  have 
be-  a  violated,  he  shall  cancel  the  listings  of  any  person,  firm, 
or  corporation  so  in  default;  and  therefrom  and  thereafter 
no  text-books  sold  or  ojfered  for  sale  by  any  such  person,  firm, 
or  corporation  shall  be  purchased  or  taken  by  exchange  or 
otl  erwise  by  any  school  board,  school  district,  or  school 
ofl  3ial  within  this  state. 

238)  SEC.  4.  The  superintendent  of  public  instruction 
sh  11  annually,  and  at  such  other  time  or  times  as  he  may 
<1<  in  expedient,  publish  and  send  to  each  board  of  education 
wi  ,hin  tlie  state  a  copy  of  all  lists  of  school  text-books  then  in 
fo  ce  in  his  oflice  showing  the  prices  at  which  such  books  may 
be  purchased.  Any  list  so  issued  shall  remain  effective  until 
su  >erseded  or  cancelled.  No  school  text-book  shall  be  pur- 
el  iscd,  adopted,  or  used  for  or  in  the  schools  of  any  school 
di  trict  within  the  state  unless  the  same  is  contained  in  the 
Ink  so  put  forth  by  the  superintendent  of  public  instruction 
ai  d  in  effect  at  the  time  of  the  purchase,  adoption,  or 
ex  change.  In  no  case  shall  any  filing  by  any  person,  firm,  or 
cc  ^poration  become  effective  until  the  publication  of  a  list  by 
tli  3  superintendent  of  public  instruction. 

(L'M'.H  SEC.  5.  It  shall  be  the  duty  of  all  school  superin- 
1<  i dents  and  principals  and  school  officials  in  the  various  dis- 
ti  cts  of  the  state  to  notify  the  county  commissioner  of  schools 
ot  the  county,  in  which  such  district  may  be,  of  any  violation 
of  any  of  the  terms  or  conditions  of  said  contract  or  said  bond 
tl  at  shall  come  to  their  knowledge.  In  school  districts 
in  eluded  in  whole  or  in  part  within  the  limits  of  any  incor- 
IM  rated  city,  such  report  shall  be  made  to  the  board  of  educa- 
ti  >n  of  the  district  and  said  district  shall  thereupon  inform 
tie  county  commissioner  of  schools  of  the  occurrence.  If, 
alter  investigation,  said  county  commissioner  of  schools  con- 
cludes that  there  is  good  ground  for  believing  that  the  con- 
tiact  or  bond  has  been  violated,  he  shall  immediately  report 
tl  e  matter  to  the  superintendent  of  public  instruction.  Said 
si  perintendent  shall,  upon  receipt  of  any  such  report,  cause 
tie  same  to  be  investigated,  and  if  he  finds  that  such  viola- 
tion has  in  fact  occurred,  he  shall  cancel  all  listings  of  the 
person,  linn,  or  corporation  in  default  and  shall  notify  the 
boards  of  education  of  the  various  school  districts  of  the 
state  of  such  cancellation,  and  that  the  published  list  of  school 
text-books  is  modi  tied  by  striking  therefrom  the  names  of  all 
b)oks  sold  or  offered  for  sale  by  such  person,  firm,  or  corpora- 
t  on.  The  superintendent  of  public  instruction  may,  in  his 
discretion,  declare  the  contract  entered  into  with  any  such 
person,  firm,  or  corporation  to  be  terminated  as  to  future 
t  ansactions,  and  he  may  refuse  thereafter  to  enter  into  any 
Bew  contract  therewith.  In  case  any  contract  made  here- 
i  nder  is  thus  terminated,  an  action  on  the  bond  may  be 
1  ro  ught  in  the  name  of  the  people  of  the  state  of  Michigan 
ty  the  attorney  general  and  the  amount  of  such  bond  shall  be 


Publication 
of  lists. 


Hunks  not 
used  unless 
listed. 


When   filing 
effective. 


Violations 
reported. 


When  listings 

camvlled. 


May  termi- 
nate contract. 


Action  on 
bond. 


100 


STATE   OF   MICHIGAN. 


Inducement 
for  sale,  etc., 
prohibited. 


Proviso, 

sample 

copies. 


Retail  dealer's 
profit. 


Districts  may 
purchase,  etc. 


deemed  to  be  liquidated  damages  sustained  by  the  people  of 
the  state  for  and  on  account  of  such  breach. 

(240)  SEC.  6.    No  person  shall  secure  or  attempt  to  secure 
the  sale  of  any  school  text-books  in  any  school  district  in  this 
state  by  rewarding  or  promising  to  reward  any  teacher  in 
any  school  in  the  state  or  by  securing  for  him  any  position  in 
any  other  school.     No  person  shall  offer  or  give  any  emolu- 
ment, money,  or  other  valuable  thing,  promise  of  work,  or 
any  other  inducement  to  any  teacher  or  school  officer  in  any 
school  district  for  any  vote  or  promise  of  vote  or  for  the  use 
of  his  influence  for  any  school  text-books  to  be  used  in  this 
state:    Provided,  That  nothing  in  this -section  shall  be  con- 
strued to  prevent  any  person  from  giving,  or  any  school  officer 
or  teacher  from  receiving,  a  reasonable  number  of  sample 
copies  of  school  text-books  for  examination  with  a  view  to 
obtaining  information  as  to  the  book  or  series  of  books  for 
which  such  officer  shall  give  his  vote. 

(241)  SEC.  7.    It  shall  be  unlawful  for  any  retail  dealer 
in  text-books  to  sell  any  books  listed  with  the  superintendent 
of  public  instruction  as  hereinbefore  provided  at  a  price  to 
exceed  fifteen  per  cent  advance  on  the  net  wholesale  price  as 
so  listed,  and  the  cost  of  transportation. 

(242)  SEC.  8.     School  districts  are  hereby  authorized  to 
purchase  text-books  from  the  publishers  at  the  prices  listed 
with  the  superintendent  of  public  instruction  as  hereinbefore 
provided  and  to  sell  said  books  to  the  pupils  at  said  listed 
prices  or  at  such  prices  as  will  include  the  cost  of  trans- 
portation and  the  cost  of  handling. 

(243)  SEC.  9.     School  districts  are  hereby  authorized  to 
purchase  text-books  from  the  publishers  at  the  prices  listed 
with  the  superintendent  of  public  instruction  as  hereinbefore 
provided  and  to  designate  a  retail  dealer  or  dealers  to  act  as 
the  agent  of  the  district  in  selling  text-books  to  pupils.    The 
said  dealer  or  dealers  shall  at  stated  times  make  settlement 
with  the  district  for  such  books  as  have  been  sold  up  to  the 
stated  time.    Said  dealer  or  dealers  shall  not  sell  text-books 
at  a  price  which  shall  exceed  a  ten  per  cent  advance  on  the 
net  wholesale  price  as  listed  with  the  superintendent  of  public 
instruction. 

'(244)  SEC.  10.  When  a  family  removes  from  one  school 
district  to  another  within  this  state,  the  treasurer  shall  pur- 
chase out  of  the  general  fund  the  text-books  in  actual  use  by 
the  children  of  said  family  if  said  children  are  attending  the 
public  schools  in  such  district.  The  price  to  be  paid  shall  be 
based  on  the  condition  of  the  books  and  the  same  may  be 
resold  by  the  school  district  to  other  pupils  moving  into  such 
district. 

(245)  SEC.  11.  Any  school  official  or  member  of  any 
school  board  or  other  person  violating  or  knowingly  permit- 
ting or  consenting  to  any  violation  of  the  provisions  of  this 
act  shall  be  deemed  to  be  guilty  of  a  misdemeanor  and  on 


May  desig- 
nate   retailer 
as  agent. 


Purchase  of 
books  when 
family 
moves. 


Price. 


Penalty. 


GENERAL  SCHOOL  LAWb. 


101 


c<  aviction  shall  be  punished  by  a  fine  not  exceeding  five 
d  ed  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ii  i  three  months,  or  both  such  fine  and  imprisonment  in  the 
d  scretion  of  the  court. 

(246)     SEC.  12.    Act  number  three  hundred  lit'teen  of  the  Act  repealed, 
p  .blic  acts  of  nineteen  hundred  thirteen,  entitled  "An  act  1<> 
i*i  gulate  the  sale  of  school  text-books,"  the  same  being  sect  ions 
fi  e  thousand  seven  hundred  eighty-seven  to  five  thousand 
8«  ven  hundred  ninety-eight,  inclusive,  of  the  compiled  laws  <>f 
n  neteen  hundred  fifteen,  and  all  other  acts  or  parts  of  acts 
c  ntravening  the  provisions  of  this  act  are  hereby  repealed : 
I  .-ovided,  however,  That  any  right  or  cause  of  action  that  may   Proviso, 
b  ive  accrued  under  said  act  number  three  hundred  fifteen,  or   pending, 
r  ider  any  other  law  repealed  hereby,  may  be  enforced,  or 
I  'osecuted  notwithstanding  the  provisions  hereof. 


SYSTEM  OF  HUMANE  EDUCATION. 

/  n  Act  to  provide  a  system  of  humane  education,  which  shall  include 
kind  treatment  to  domestic  and  wild  animals  and  birds. 

[Act  227,   P.  A.  1913.] 

The  People  of  the  State  of  Michigan  enact: 


Education  in 

public 

schools. 


Teaching    of 
kindness,  etc. 


(247)  §  5871.     SECTION  1.    For  the  purpose  of  lessening 
c  rime  and  raising  the  standard  of  good  citizenship,  and  incul- 
cating  the  spirit  of  humanity,  such  humane  education  shall 
1  e  given  in  the  public  schools  as  shall  include  the  kind  and 
j  ist  treatment  of  horses,  dogs,  cats,   birds,  and  all  other 
a  nimals. 

(248)  §  5872.    SEC.  2.    In  every  public  school  within  this 
state,  a  portion  of  the  time  shall  be  devoted  to  teaching  the 
1'U  pi  Is  thereof  kindness  and  justice  to,  and  humane  treatment 
j  nd  protection  of,  animals  and  birds,  and  the  important  part 

they  fulfill  in  the  economy  of  nature.     It  shall  be  optional   HOW  taught, 
with  each  teacher  whether  such  teaching  shall  be  through 
1  u mane  reading,  stories,  narratives  of  daily  incidents  or  illus- 
trations taken  from  personal  experience.     This  instruction   rart  of  study 
fhall  be  a  part  of  the  curriculum  of  study  in  all  the  public 
*  chools  of  the  state  of  Michigan. 

(249)  §  5873.    SEC.  3.    The  principal  or  teacher  of  every 
i  chool  shall  certify  in  his  or  her  reports  that  such  instruction 
has  been  given  in  the  school  under  his  or  her  control. 


Certified 
reports. 


102 


STATE  OF  MICHIGAN. 


KINDERGARTEN  WORK. 


Duty  of 
district 
board. 


Qualifica- 
tions of 
teachers,  etc. 


What  chil- 
dren entitled 
to    instruc- 
tion. 


Act  to  apply 
to  certain 
other  schools. 


An  Act  authorizing  the  introduction  of  the  kindergarten  method  in 
the  public  schools  of  this  state. 

[Act  119,  P.  A.  1891.] 

The  People  of  the  State  of  Michigan  enact: 

(250)  §  5799.    SECTION  1.    That  in  addition  to  the  duties 
imposed  by  law  upon  the  district  board  of  every  school  dis- 
trict in  this  state,  they  shall  also  be  empowered  to  provide 
a  suitable  room  or  apartment  for  kindergarten  work,  and  to 
supply  their  district  respectively  with  the  necessary  appar- 
atus and  appliances  for  the  instruction  of  children  in  what  is 
known -as  the  kindergarten  method. 

As  to  certificates,  and  payment  of  kindergarten  teachers,  see  section  254. 

(251)  §  5800.    SEC.  2.    In  the  employment  of  teachers  it 
shall  be  competent  for  such  district  board  to  require  qualifi- 
cations for  instruction  of  children  in  kindergarten  methods, 
and  the  district  board  may  provide  by  contract  with  the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe. 

(252)  §  5801.     SEC.  3.     All  children  residing  within  the 
district  between  the  ages  of  four  and  seven  shall  be  entitled 
to  instructions  in  the  kindergarten  department  of  such  dis- 
trict school. 

(253)  §  5802.     SEC.  4.     The  powers  and  duties  herein 
imposed  or  conferred  upon  the  district  shall  also  be  and  the 
same  are  hereby  imposed  and  conferred  upon  the  school  trus- 
tees or  board  of  education  or  other  body,  by  whatever  name 
known,  managing  or  controlling  the  public  schools  in  each 
city  and  village  of  this  state;  and  this  act  is  hereby  made 
applicable  to  every  public  school  organized  by  special  act  or 
by  charter  as  fully  as  if  they  were  named  herein. 


When 
teachers 
legally 
qualified. 


QUALIFICATIONS  OF  KINDERGARTEN,  MUSIC  AND 
DRAWING  TEACHERS. 

An  Act  to  define  the  legal  qualifications  of  kindedrgarten,  primary, 
music,  domestic  science  and  art,  manual  training,  commercial, 
physical  training,  and  drawing  teachers  in  the  state,  (a). 

[Act  166,  P.  A.  1901.] 

The  People  of  the  State  of  Michigan  enact: 

(254)  §  5803.  SECTION  1.  Any  person  who  is  a  graduate 
of  any  kindergarten  training  school,  whose  course  of  study 
covers  at  least  two  years  of  work  and  is  approved  by  the 

(a)     Title  amended  1917,  Act  265. 


GENERAL  SCHOOL  LAWS. 


perin tendent  of  public  instruction  of  this  state,  and  who 
Ids  also  a  teacher's  certificate  or  a  diploma  from  a  repu 
ft  lie  college  or  from  a  high  school  having  a  four  years'  hi<;li 
s<  100!  course,  may  be  granted  a  kindergarten  and  primary 
c«  rtificate  l>y  said  superintendent  of  public  instruction,  and 
si  ch  person  holding  such  certificate  shall  be  considered  a 
1(  jally  qualified  kindergarten  and  primary  teacher;  and  any 
d  strict  board  shall  be  authorized  to  pay  such  teacher  for 
ii  struction  in  the  kindergarten  and  primary  grades  from  the 
s.  me  fund,  and  in  the  same  manner  as  other  teachers  are 
n  >w  paid. 

A.m.  1917,  Act  265. 
See  sections  250-53. 

(255)  §  5804.     SEC.  2.     Any  person  who  has  finished  a 

c  >urse  of  at  least  two  years  in  music,  domestic  science  and  certificate. 

a  -t,  manual  training,  commercial  branches,  physical  train- 

i   g  or  drawing  in  the  university  of  the  state  of  Michigan,  or 

i  i  any  of  the  state  normal  schools,  or  in  any  college  incor- 

y  )rated  under  the  general  laws  of  the  state,  or  in  any  other 

i  istitution  whose  course  of  study  is  acceptable  to  the  super- 

i  itendent  of  public  instruction,  and  who  shall  present  to 

s  lid  superintendent  of  public  instruction  a  statement  from 

t  le  proper  authorities  of  the  institution  certifying  to  the 

f  ict  of  the  completion  of  the  required  amount  of  work,  may 

I'  granted  respectively 'a  music  teacher's  certificate,  a  domes- 
c  science  and  art  teacher's  certificate,  a  manual  training 
\  Mcher's  certificate,  a  commercial  teacher's  certificate,  a 
j  hysical  training  teacher's  certificate,  or  a  drawing  teacher's 
certificate;  and  any  person  holding  such  certificate  shall  be 
considered  a  legally  qualified  teacher  in  the  subject  named 
i  i  the  certificate ;  and  any  district  board  or  board  of  educa- 
tion shall  be  authorized  to  pay  such  teacher  for  instruction 
ia  the  subject  for  which  such  teacher  is  thus  qualified  from 
the  same  fund  and  in  the  same  manner  as  other  teachers  are 
T  ow  paid. 

Am.  Id. 

(256)  §  5805.     SEC.  3.     Any  person  who  has  finished  a 

course  of  at  least  two  years  in  music  under  a  private  instruc-  certificate, 
lor,  and  who  shall  pass  an  examination  satisfactory  to  the 
musical  director  of  any  state  normal  school  in  Michigan,  may 
be  granted  a  music  teacher's  certificate  as  provided  in  section 
•wo  hereof. 


104 


STATE  OF   MICHIGAN. 


Instruction, 
how  given. 


Text-books, 
approval  of. 


Penalty. 


STUDY  OF  DANGEROUS  DISEASES. 

An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases. 

[Act  146,  P.  A.  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(257)  §  5807.    SECTION  1.    There  shall  be  taught  in  every 
year  in  every  public  school  in  Michigan  the  principal  modes 
by  which  each  of  the  dangerous  communicable  diseases  are 
spread  and  the  best  methods  for  the  restriction  and  preven- 
tion of  each  such  disease.    Such  instruction  shall  be  given  by 
the  aid  of  text-books  on  physiology,  supplemented  by  oral 
and  blackboard  instruction.    From  and  after  July  first,  nine- 
teen hundred  ten,  no  text-book  on  physiology  shall  be  adopted 
for  use  in  the  public  schools  of  this  state,  unless  it  shall  give 
at  least  one-eighth  of  its  space  to  the  causes  and  prevention 
of  dangerous   communicable  diseases.     Text-books  used  in 
giving  the  foregoing  instruction  shall,  before  being  adopted 
for  use  in  the  public  schools,  have  that  portion  given  to  the 
instruction  in  communicable  diseases  approved  by  the  state 
board  of  health  to  the  state  board  of  education. 

(258)  §  5808.    SEC.  2.    Neglect  or  refusal  on  the  part  of 
any  superintendent  or  teacher  to  comply  with  the  provisions 
of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal 
from  the  school  by  the  school  board.    Any  school  board  wil- 
fully neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.    This  act 
shall  apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 


Duty  of 
boards. 


OPTIONAL    COUKSE     OF     MILITARY    TRAINING     IN 
HIGH    SCHOOLS. 

An  Act  to  require  the  establishment  of  an  optional  course  of  military 
training  in  all  high  schools  in  this  state. 

[Act  185,  P.  A.  1917.] 
The  People  of  the  'State  of  Michigan  enact: 

(259)  SECTION  1.  Hereafter  it  shall  be  the  duty  of  all 
boards  of  education  or  boards  of  trustees  of  school  districts 
maintaining  one  or  more  high  schools  within  their  respec- 


GENERAL  SCHOOL  LAWS.  10r> 

1  ve  districts  to  establish  a  course  of  military  training  for 

.^  ich  high  school  or  schools,  such  course  to  be  optional  with 

1  le  students  of  such  high  schools:     Provided,  That  nothing  Proviso. 

I  erein  contained  shall  apply  to  cities  or  villages  having  less 

1  lan  five  thousand  population:    Provided  further,  That  when  Furvt.h®r 

1  ss  than  twenty-five  male  students  elect  to  take  such  course,   l 

i  le  board  of  education  may  discontinue  said  course  until  such 

i  me  as  twenty-five  male  students  request  the  re-establish  - 

i  lent  of  said  course. 

(260)     SEC.  2.     Failure  or  neglect  upon  the  part  of  any  Penalty. 
1  oard  of  education  or  board  of  trustees  of  any  school  dis- 

Irict  to  maintain  a  course  of  military  training,  as  provided 
i  this  act,  shall  subject   said  hoard  to  removal  from  office, 
Her  a   hearing  with   proper  notice,   by  the  state  superin- 
endent  of  public  instruction. 
F1R1-:  1  HULLS  IN  SCHOOLS. 
[Extract  from  Act  178,  P.  A.  1915.] 
(2G1)     §  9116.    SEC.  10.    It  shall  be  the  duty  of  the  state  J3JJ0di1UB  In 
ire  marshal  and  deputy  and  assistant  fire  marshals  to  require 
eachers  of  public  and  private  schools  and  educational  insti- 
utions  to  have  one  fire  drill  each  month  and  to  keep  all  doors 
md  exits  unlocked  during  school  hours,  and  it  shall  be  the 
luty  of  sucli  teachers  to  comply  with  these  requirements. 


PUBLICATION  OF  PKOCEEDINGS  OF  ANNUAL 
SCHOOL  MEETINGS. 

\n  Act  to  provide  for  the  publication  of  the  proceedings  of  the  annual 
school  nun-ting,  and  an  annual  financial  statement  in  graded  school 
districts  in  which  a  newspaper  is  published,  and  to  provide  for  the 
expense  thereof,  (a) 

[Act  185,  P.  A.  1897.] 

(262)  §  5809.  SECTION  1.  Previous  to  the  first  Monday  Publication 
in  August  of  each  year  the  board  of  education  or  board  of 
trustees,  as  the  case  may  be,  of  each  graded  school  district 
in  this  state  shall  cause  to  be  published  in  a  newspaper  pub- 
lished in  said  district,  or  in  the  county  in  which  said  district 
is  located,  said  newspaper  to  be  designated  by  said  board  of 
education,  a  complete  statement  of  the  proceedings  of  the 
annual  school  meeting,  and  an  itemized  financial  statement 
of  the  receipts  and  expenditures  of  said  district  during  tho 
preceding  school  year,  the  expense  of  said  publication  to  be 
paid  out  of  the  general  fund  of  the  district  and  proof  of  said 
publication  shall  be  filed  in  the  office  of  the  superintendent 


(a)     Title  amended,   1019,  Act  350. 


IOC 


STATE   OF   MICHIGAN. 


of  public  instruction  not  later  than  August  fifteenth  of  each 
and  every  year. 

Am.  1917,  Act  269  ;  1919,  Act  350. 


Penalty  for 
neglect. 


(263)  §5810.  SBC.  2.  If  any  board  of  education  or  board 
of  trustees  shall  fail  or  neglect  to  comply  with  the  provisions 
of  this  act  each  member  of  any  such  board  shall  forfeit  the 
sum  of  ten  dollars  upon  conviction  thereof  in  any  court  of 
competent  jurisdiction. 


Flags  and 
appliances 
to  be 
purchased. 


Time  for 
displaying. 


Expense  to 
be  defrayed 
from  school 
moneys. 


Penalty. 


DISPLAY  OF  U.  S.  FLAGS. 

An  Act  to  provide  for  the  purchase  and  display  of  United  States  flags 
in  connection  with  the  public  school  buildings  within  this  state. 

[Act  56,  P.  A.  1895.] 

The  People  of  tlie  State  of  Michigan  enact: 

(264)  §  5811.  SECTION  1.  That  the  board  of  education 
or  the  board  of  school  trustees  in  the  several  cities,  town- 
ships, villages  and  school  districts  of  this  state  shall  pur- 
chase a  United  States  flag  of  a  size  not  less  than  four  feet 
two  inches  by  eight  feet  and  made  of  good  flag  bunting  "A," 
flag  staff  and  the  necessary  appliances  therefor  and  shall  dis- 
play said  flag  upon,  near,  or  in  a  conspicuous  place  within, 
the  public  school  building  during  school  hours  and  at  such 
other  times  as  to  the  said  board  may  seem  proper;  and  that 
the  necessary  funds  to  defray  the  expenses  to  be  incurred 
herein  shall  be  assessed  and  collected  in  the  same  manner  as 
moneys  for  public  school  purposes  are  collected  by  law.  And 
the  penalties  for  neglect  of  duty  provided  in  section  two, 
chapter  thirteen  of  the  general  school  laws,  shall  apply  to 
any  school  officer  refusing  to  comply  with  the  provisions  of 
this  act. 


Holidays. 


OBSERVANCE  OF  HOLIDAYS. 

An  Act  designating  the  days  to  be  observed  as  holidays  in  the  public 
schools  of  this  state. 

[Act  11,  P.  A.  1911.] 
The  People  of  the  State  of  Michigan  enact: 

(265)  §  5823.  SECTION  1.  The  following  days,  namely, 
the  first  day  of  January,  commonly  called  New  Year's  day, 
the  thirtieth  day  of  May,  commonly  called  Memorial  day,  the 
fourth  day  of  July,  commonly  called  Independence  day,  the 


GENERAL  SCHOOL  LAWS. 


107 


Proviso, 

salaries  not 

affected. 


Further 

JJbservaiice  of 
other  days- 


fi  st  Monday  of  September,  commonly  called  Labor  day,  and 
tl  e  twenty-fifth  day  of  December,  commonly  called  Christ- 
n  is  day,  all  Saturdays  and  all  days  appointed  or  recom- 
n  3nded  by  the  governor  of  this  state  or  the  president  of  the 
T  aited  States  as  days  of  fasting  and  prayer  or  thanksgiving 
s  all,  in  all  the  public  schools  of  the  state,  be  treated  and 
considered  as  public  holidays  and  on  such  above  specified 
d  lys  there  shall  be  no  school  sessions  in  any  of  such  public 
s  hools  of  this  state:  Provided,  That  the  salary  of  school 

,  ,  J  f 

c  ficers  and  teachers  shall  be  in  no  way  affected  by  reason  of 
t  le  dismissal  of  school  on  any  of  the  above  mentioned  days  : 
1  rovided  further,  That  on  the  following  days,  namely,  the 
1  velfth  day  of  February,  commonly  called  Lincoln's  birthday, 
t  le  twenty-second  day  of  February,  commonly  called  Washing- 
i  )n?s  birthday,  the  seventeenth  day  of  September,  being  the 

<  ate  of  the  adoption  of  the  federal  constitution,  the  twelfth 

<  ay  of  October,  commonly  called  Columbus  day,  the  twenty- 
f  eventh  day  of  October  to  be  known  as  Roosevelt's  birthday, 
.  nd  the  eleventh  day  of  November,  commonly  called  Liberty 

ay,  it  shall  be  the  duty  of  all  school  officers  and  teachers  to 
lave  the  schools  under  their  respective  charge  observe  such 
nentioned  days,  namely,  the  twelfth  day  of  February,  the 
wenty  second  day  of  February,  the  seventeenth  day  of  Sep- 
ember,  the  twelfth  and  twenty-seventh  days  of  October,  and 
he  eleventh  day  of  November,  by  proper  and  appropriate 
•ommemorative  exercises,  and  such  days  shall  not  be  con- 
sidered as  legal  holidays  for  schools.    Any  .teacher  neglecting 
to  perform  the  duty  hereby  imposed  shall  be  liable  to  have 
his  or  her  certificate  revoked  by  the  county  commissioner  of 
schools  or  by  the  superintendent  of  public  instruction. 


Penalty  for 
comply.0 


Am.  1919,  Act  72. 

(266)     §  5824.    SEC.  2.    Hereafter  in  all  examinations  for 
eighth  grade  diplomas,  all  applicants  shall  be  required  as  a  grade 
part  of  said  examination  to  write  from  memory  the  first  verse  d 
of  the  Star  Spangled  Banner  and  the  words  of  America. 

Let  to  provide  for  the  observance  of  "Carleton  day"  in  the  schools 
of  Michigan. 


[Act  51,  P.  A.  1919.] 


The  People  of  the  State  of  Michigan  enact: 


(L'fJT)     SECTION  1.    The  twenty-first  day  of  October  in  each  Carleton 


I 


year  shall  be  observed  with  appropriate  exercises  in  the 
schools  of  Michigan  as  "Carleton  day"  in  memory  of  Will 
Carleton,  Michigan's  pioneer  poet.  Whenever  said  twenty- 
first  day  of  October  shall  fall  on  other  than  a  school  day,  the 


108 


STATE   OF   MICHIGAN. 


superintendent  of  public  instruction  shall  designate  the  day 
nearest  such  twenty-first  day  of  October  as  "Carleton  day." 
observed  ^n  sucn  day  ^  snall  be  the  duty  of  each  teacher  of  any  grade 
above  the  fifth  grade  to  read,  or  cause  to  be  read,  to  his  or  her 
pupils  at  least  one  of  the  poems  of  Will  Carleton  and  may,  in 
addition,  provide  such  other  proper  and  fitting  observance 
of  such  Carleton  day  as  they  may  desire. 


Reports  to 
be  made  to 
superintend- 
ent of  public 
instruction. 


Contents 
of  report. 


RETURNS  FROM  ACADEMIES. 

An  Act  requiring  certain  returns  to  be  made  from  incorporated  acad- 
emies, and  other  literary  institutions. 

[Act  19,   S.   L.   1839.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Michigan: 

(268)  §  10674.  SECTION  1.  That  it  shall  be  the  duty  of 
the  president  of  the  board  of  trustees  of  every  organized  acad- 
emy, or  literary  or  collegiate  institution,  heretofore  incor- 
porated or  hereafter  to  be  incorporated,  to  cause  to  be  made 
out  by  the  principal  instructor,  or  other  proper  officer,  and 
forwarded,  by  mail  or  otherwise,  to  the  office  of  the  super- 
intendent of  public  instruction,  between  the  first  and  fifteenth 
days  of  December,  in  each  year,  a  report,  setting  forth  the 
n  mount  and  estimated  value  of  real  estate  owned  by  the  cor- 
poration, the  amount  of  other  funds  and  endowments,  and 
the  yearly  income  from  all  sources,  the  number  of  instructors, 
the  number  of  students  in  the  different  classes,  the  studies 
pursued,  and  the  books  used,  the  course  of  instruction,  the 
terms  of  tuition,  and  such  other  matters  as  may  be  specially 
requested  by  said  superintendent,  or  as  may  be  deemed  proper 
by  the  president  or  principal  of  such  academies  or  institutes, 
to  enable  the  superintendent  of  public  instruction  to  lay 
before  the  legislature  a  fair  and  full  exhibit  of  the  affairs  and 
condition  of  said  institutions. 


Regents 
may  grant 
certificates. 


TEACHERS'  CERTIFICATES. 

An  Act  to  authorize  the  regents  of  the  university  of  Michigan  to  grant 
teachers'  certificates  in  certain  cases,  and  to  repeal  act  one  hundred 
forty-four  of  the  public  acts  of  eighteen  hundred  ninety-one,  and  all 
other  acts  or  parts  of  acts  contravening  the  provisions  of  this  act. 

[Act  213,  P.  A.  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(269)  §  5812.  SECTION  1.  The  regents  of  the  university 
of  Michigan,  through  the  faculty  of  the  department  of  litera- 
ture, science  and  the  arts,  may  grant  to  every  person  receiving 


GENERAL  SCHOOL  LAWS. 


109 


Certificate 
may  be 
annulled. 


a  1  ichelor's,  master's  or  doctor's  degree,  and  also  a  teacher's 

dij  loma  for  work  done  in  the  science  and  the  arts  of  teaching 

in  jaid  university,  a  certificate  which  shall  serve  as  a  legal 

eei  tificate  of  qualification  to  teach  in  any  of  the  schools  of 

th  *  state,  when   a   copy  thereof   shall   have  been    filed   or 

re<  arded  in  the  offices  of  the  legal  examining  officer  or  officers 

of  the  county,  township,  city  or  district  where  such  person 

ex  >ects  to  teach.     Such  certificate  shall  not  be  liable  to  be 

ai   nilled  except  by  the  said  board  of  regents;  but  its  effect 

m.  y  be  suspended  in  any  county,  township,  city  or  district 

a i  1  the  holder  thereof  may  be  stricken  from  the  list  of  quali- 

tii  1  teachers  in  such  .county,  township,  city  or  district  by  the 

U    al    exa mining    officer    or    officers    of    the    said    county, 

to  vnship,    city    or    district    for    any    cause    and    in    the 

s*i  ne     manner    that    such     examining    officer    or     officers 

m  iy  be  by  law  authorized  to  revoke  certificates  granted  by 

li   nself  or  themselves,  and  such  suspension  shall  continue  in 

l<  re  until  revoked  by  the  authority  suspending:    Provided,  Proviso. 

T  tat  the  said  board  of  regents  may  recognize  and  give  credit 

l'<  f  work  done  in  other  educational  institutions  in  the  science 

a   d  art  of  teaching,  if  said  work  is  equivalent  to  the  work 

d   ne  in  the  university  of  AHchigan. 


Sec.  2  repeals  Act   144,  P.   A.  1891. 


A«-t    to  authorize  the  state  board  of  education  to  grant  teachers' 
certificates  in  certain 'cases. 

[Act  136,  P.  A.  1893.] 

The  People  of  the  State  of  Michigan  enact: 

(270)  §  5814.  SECTION  1.  The  state  board  of  education 
it;  hereby  empowered  to  grant  teachers'  certificates  without 
examination  to  any  person  who  has  received  a  bachelor's, 
master's  or  doctor's  degree  from  any  college  having  a  course 
cf  study  actually  taught  in  such  college  of  not  less  than  four 
;\ears  in  addition  to  the  preparatory  work  necessary  for 
i  dmission  to  the  university  of  Michigan,  and  in  addition  to 
(  r  as  a  part  of  such  work  a  course  in  the  science  and  art  of 
teaching  of  at  least  one  college  year  of  five  and  a  half  hours 
per  week,  and  in  connection  with  this  special  course  each 
student  shall  have  had  opportunity  for  observation  of  the 
actual  work  done  in  the  grades  of  and  high  schools  of  the 
niblic  schools.  The  special  course  of  study  herein  prescribed 
«hall  have  been  approved  by  the  state  board  of  education 
)efore  any  graduate  of  such  institution  shall  receive  a 
earhers'  eei -tit'irate.  and  before  any  certificate  shall  be  issued 
i"  any  person  the  faculty  of  such  college  shall  give  to  the 
<tate  board  of  education  its  recommendation  for  each'  student, 
stating  that  in  the  judgment  of  the  faculty  the  applicant  is 
entitled  to  receive  such  certificate  and  that  the  applicant  has 


Certificates 
without 
examination, 
to  whom 

granted. 


Special 
courses, 
approval  of. 


110 


STATE  OF  MICHIGAN. 


Life 

certificates. 


Limited  term 
certificate. 


taken  the  prescribed  course  in  the  science  and  art  of  teaching 
and  observation  of  public  school  work.  Each  person  making 
application  to  the  state  board  of  education  for  a  teachers' 
certificate  under  the  provisions  of  this  act  shall  be  thoroughly 
examined  by  the  faculty  of  the  college  and  shall  be  entitled  to 
a  diploma  from  such  college.  The  character  of  the  examina- 
tion shall  be  such  as  to  show  the  qualification  and  fitness  of 
the  person  for  teaching.  If  the  person  making  application 
for  such  certificate  shall  furnish  to  the  said  state  board  of 
education  satisfactory  proof  of  having  taught  successfully  for 
three  years  prior  to  graduation  from  said  college,  said  certifi- 
cate shall  be  a  life  certificate,  but  if  such  proof  is  not  fur- 
nished said  board,  then  the  certificate  granted  shall  be  for 
four  years  only  and  a  life  certificate  may  at  any  time  there- 
after be  issued  by  said  board  upon  the  filing  with  the  said 
board  of  satisfactory  proof  that  the  applicant  has  taught  suc- 
cessfully for  three  years.  Such  certificate  shall  entitle  the 
holder  to  teach  in  any  of  the  public  schools  of  this  state  with- 
out examination,  provided  a  copy  of  said  certificate  shall  have 
been  filed  or  recorded  in  the  office  of  the  legal  examining 
officer  or  officers  of  the  county  or  city  in  which  such  person  is 
to  teach,  and  such  certificate  shall  be  revoked  only  by  the 
state  board  of  education  and  by  said  board  only  for  cause 
after  a  personal  hearing  of  the  case. 

Am.  1917,  Act  13. 

(271)  §  5815.     SEC.  2.    It  shall  be  the  duty  of  the  said 
board  of  education  to  carefully  examine  any  course  of  study 
in  the  science  and  art  of  teaching  that  may  be  submitted  to  it 
by  the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
such  trustees  with  a  written  certificate  approving  the  same. 

(272)  §  5816.    SEC.  3.    If,  at  any  time,  the  said  board  of 
education  shall  conclude  that  any  college,  the  graduates  of 
which  may  desire  to  receive  such  certificate,  is  not  giving 
such  instruction  in  the  science  and  art  of  teaching  and  in  the 
other  branches  as  shall  be  approved  by  said  board,  then  said 
board  shall  so  determine  by  a  formal  resolution,  and  shall 
give  notice  thereof  to  the  trustees  of  such  college,  and  there- 
after no  teachers'  certificates  shall  be  given  by  said  board  to 
the  graduates  of  such  college  until  said  board  shall  be  satis- 
fied that  proper  instruction  in  the  science  and  art  of  teaching 
and  in   [the]  other  branches  is  given  by  such  college,  and 
shall  certify  such  fact  to  the  trustees  of  such  college. 


Duty  of 
board. 


When  instruc- 
tion deficient, 
duty  of 
board. 


I 


GENERAL  SCHOOL  LAWS. 


Ill 


Act  to  authorize  the  state  board  of  agriculture  to  grant  teachers' 
certificates  in  certain  cases. 


[Act  165,  P.  A.  1909.] 


The  People  of  the  State  of  Michigan  enact: 

273)  §  5817.  SECTION  1.  The  state  board  of  agricul- 
tu  'e,  on  recommendation  of  the  president  and  heads  of  depart- 
in  nts  of  the  Michigan  agricultural  college,  is  hereby  author- 
iz  d  to  grant  to  persons  who  have  completed  the  regular  four- 

§ir  course  in  agriculture,  together  with  a  course  in  pecla- 
spcs  covering  at  least  a  half  year's  special  instruction  in 
sh  subject,  a  teacher's  certificate,  which  shall  serve  as  a 
1<  ,'!il  qualification  to  teach  agriculture  and  the  related 
sc  .ences  in  any  of  the  public  schools  of  this  state  for  the 
p<  riod  of  three  years. 

( -74 )  §  5818.  SEC.  2.  Before  the  certificate  herein  men- 
ti  med  shall  be  valid  in  any  county  or  city,  the  holder  thereof 
si  all  record  the  same  in  the  office  of  the  legal  examining 
u  irer  ni  the  county  or  city  where  such  person  expects  to 
t(  ach.  Such  certificate  shall  not  be  liable  to  be  annulled, 
e:  cept  by  the  said  state  board  for  any  cause  which  would 
h  tve  justified  the  board  in  withholding  such  certificate. 

i  -7  Ml).  SEC.  3.  The  secretary  of  the  Michigan  agri- 

cultural college  shall  keep  a  record  of  all  teachers'  certificates 
so  granted  by  said  state  board  of  agriculture  and  shall  fur- 
n  sh  the  superintendent  of  public  instruction  annually  with  a 
copy  of  such  list. 


Teacher's 
certificate, 
granting  of, 
duration. 


Recording 
validates. 


Record  of, 
by  whom 
kept,  etc. 


•  Act  to  prohibit  the  granting  of  teachers'  certificates  to  other  than 
citizens  of  the  United  States. 

[Act  220,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 


State 

institutions 


SECTION  1.  No  certificate  qualifying  a  person  to  J^^JJ 
teach  in  the  public  schools  of  this  state  shall  be  granted  to 
any  person  who  is  not  a  citizen  of  the  United  States  or  who 
I  as  not  declared  his  intention  of  becoming  a  citizen.  Any 
certificate  granted  in  contravention  of  the  provisions  of  this 
j  ct  shall  be  void.  Also  it  shall  he  unlawful  for  the  board  of 
control  having  in  charge  any  state  institution  of  learning  to 
(•mploy  therein  regularly  as  a  teacher  or  in  any  other  capacity 
any  person  who  is  not  a  citizen  of  the  United  States:  Pro-  Proviso. 
irided,  however,  That  this  requirement  shall  not  apply  to  per- 
Mons  who  are  thus  actively  employed  when  this  act  takes 
effect:  Provided  further,  That  this  requirement  shall  not  be 
construed  as  prohibiting  such  boards  of  control  from  employ- 


112 


STATE  OF  MICHIGAN. 


ing  for  limited  periods  instructors  or  lecturers  who  are  citi- 
zens of  foreign  countries. 


Examiner, 
appointment 
of,  term,  etc. 


Eligibility. 


Vacancy. 


Oath,  where 
filed,  etc. 


Bond,  where 
filed,  etc. 


COUNTY  COMMISSIONERS  AND  SCHOOL  EXAMINERS. 

An  Act  to  provide  for  the  election  of  a  county  commissioner  of  schools, 
for  the  appointment  of  school  examiners,  [and]  to  define  the  duties 
and  fix  the  compensation  for  the  same,  and  to  repeal  all  existing 
acts  or  parts  of  acts  conflicting  with  the  provisions  of  this  act. 

[Act  147,  P.  A.  1891.] 

The  People  of  the  State  of  Michigan  enact: 

(277)  §  5877.  SECTION  1.  At  each  annual  meeting  of  the 
several  boards  of  supervisors  of  the  different  counties  of  the 
state,  the  said  several  boards  of  supervisors  shall  appoint 
one  examiner  who  shall  hold  his  office  for  a  period  of  two 
years  from  and  after  the  first  day  of  January  following  his 
or  her  election,  or  until  his  successor  shall  have  been 
appointed  and  qualified,  and  said  examiner,  together  with 
the  commissioners  of  schools,  shall  constitute  a  board  of 
school  examiners.  Any  person  shall  be  eligible  to  the  office 
of  examiner  who  shall  hold  at  least  a  second  grade  certifi- 
cate, and  has  taught  in  the  public  schools  at  least  nine 
months,  or  who  has  the  qualifications  required  of  commis- 
sioner in  section  three  of  this  act,  except  an  experience  of 
twelve  months  as  teacher.  In  case  a  vacancy  shall  occur  at 
any  time  in  the  office  of  school  examiner,  the  judge  of  pro- 
bate, together  with  the  board  of  school  examiners  of  the 
county  in  which  such  vacancy  shall  have  occurred,  shall, 
within  ten  djays  after  the  occurrence  of  sv.ch  vacancy,  appoint 
some  suitable  person  to  fill  such  vacancy.  And  the  person  so 
appointed  shall  hold  the  office  for  the  •  unexpired  portion  of 
the  term,  or  until  his  or  her  successor  is  appointed  and  has 
qualified.  Within  ten  days  after  such  commissioners  or  exam- 
iners shall  have  received  legal  notice  of  his  or  her  election, 
he  or  she  shall  take  and  subscribe  the  constitutional  oath  of 
office,  and  the  same  shall  be  filed  with  the  county  clerk.  The 
said  county  commissioner  so  appointed,  shall  execute  a  bond 
with  two  sufficient  sureties  to  be  approved  by  and  filed  with 
the  county  clerk,  in  the  penal  sum  of  one  thousand  dollars, 
conditioned  that  he  or  she  shall  faithfully  discharge  the  duties 
of  his  or  her  office  according  to  law,  and  to  faithfully  account 
for  and  pay  over  to  the  proper  persons  all  moneys  which  may 
come  into  his  or  her  hands  by  reason  of  his  or  her  holding 
such  office;  and  thereupon  the  county  clerk  shall  report  the 
name  and  postoffice  address  of  such  county  commissioner  tc 
the  state  superintendent  of  public  instruction. 

This  act  supersedes  Chap.  12  of  Act  164  of  1881.     As  to  the  election  of 


GENERAL  SCHOOL  LAWS. 


113 


<><>1  examiner  under  that  law,  as  amended  by  Act  266  of  1887,  see  Conrad 
Stone,    78  /  635. 

ELECTION  OF  EXAMINERS  :     The  appointment  by  a  board  of  supervisors 
a  member  of  the  board  of  examiners  is  the  transaction   of  ordinary  busi- 
is  for    which   a   majority   of   a   quorum   is    sufficient,    and   the   appointee    is 
;  required  to  receive  the  votes  of  a  majority  of  all  the  members  elected. 
wland   v.   Prentice,   143  /  347. 


Election  of 
county  com- 
missioner of 
schools. 


File  oath 
and  bond. 


Proviso  as 
to  Chippewa 
county. 


1(278)     §  5878.    SEC.  2.    There  shall  be  elected  at  the  elec- 
>n  held  on  the  first  Monday  in  April,  nineteen  hundred 
ree,  and  every  fourth  year  thereafter,  in  each  county,  one 
c  >mmissioner  of  schools,  whose  term  of  office  shall  commence 

<  i  the  first  day  of  July,  next  following  his  or  her  election, 
,•)  id  who  shall  continue  in  office  four  years,  or  until  his  or 
1  3r  successor  shall  be  elected  and  qualified.     The  county 
c  >mmissioner  of  schools  elected  under  the  provisions  of  this 
f-  jction  shall  file  with  the  county  clerk  for  the  county  for 
A  hich  he  or  she  is  elected,  his  or  her  oath  of  office  and  bond, 
1  le  same  as  provided  in  section  one  of  this  act,  and  the 
(  3unty  clerk  shall  make  the  same  report  to  the  superintend- 
(  at  of  public  instruction  in  all  respects  as  provided  in  sec- 
1  ion  one  of  this  act :    Provided,  That  in  the  county  of  Chip- 
]  ewa  the  commissioner  of  schools  heretofore  elected  on  the 
i  rst  Monday  in  April,  nineteen  hundred  three,  shall  hold 
i  ffice  until  the  first  day  of  January,  nineteen  hundred  nine, 

<  r  until  his  successor  shall  be  elected  and  qualified.     Here- 
;  fter  in  the  said  county  of  Chippewa,  a   commissioner  of 
;  chools  shall  be  elected  at  the  general  election  to  be  held  in 

November,  nineteen  hundred  eight,  and  every  fourth  year 
hereafter,  whose  term  of  office  shall  commence  on  the  first 
lay  of  January  next  following  his  or  her  election:  Pro- 
dded, That  in  the  county  of  Lake  the  commissioner  of  schools 
leretofore  elected  on  the  first  Monday  in  April,  nineteen  hun- 
Ired  seven,  shall  hold  office  until  the  first  day  of  January, 
aineteen  hundred  eleven,  or  until  his  successor  shall  be  elected 
md  qualified.  Hereafter  in  the  said  county  of  Lake,  a  com- 
missioner of  schools  shall  be  elected  at  the  general  election  to 
be  held  in  nineteen  hundred  ten  and  every  fourth  year  there- 
after, whose  term  shall  commence  on  the  first  day  of  January 
next  following  his  or  her  election. 

Note. — See  section  11,  Chapter  2,  Act  203,  P.  A.  1917,  as  amended  by  Act  2, 
A.  1919,  as  to  the  election  of  county  commissioner  of  schools. 

(279)     §  5879.    SEC.  3.    Persons  eligible  to  hold  the  office  Eligibility, 
of  commissioner  of  schools  must  possess  the  following  quali- 
fications : 

(a)  Twelve  months  experience  as  a  teacher  in  the  public 
schools  of  this  state ; 

(b)  Must  b<>  a   graduate  of  the  literary  department  of 
some  reputable  college,  university,  or  state  normal  school 
having  a  course  of  at  least  three  years:    Provided,  That  the   f/^J^. 
holder  of  a  state  teacher's  certificate,  or  of  an  indorsed  first  certificate. 
grade  certificate,  or  of  a  certificate  granted  in  another  state 

and  indorsed  by  the  state  board  of  education  of  this  state, 


Proviso 
as  to  Lake 
county. 


114 


STATE  OF  MICHIGAN. 


Further 
proviso. 

Further 
proviso. 


Two  regular 
examinations 
each  year. 


Schedule 
published. 


Certificates, 
when  granted. 


Proviso. 


shall  be  eligible  in  any  county :  Provided  further,  That  per- 
sons who  now  hold  the  office  of  commissioner  of  schools  shall 
be  eligible  to  succeed  themselves:  Provided  further,  That 
in  counties  employing  less  than  fifty  teachers  a  person  hold- 
ing at  the  time  of  his  or  her  election  a  second  grade  certificate 
shall  be  eligible  in  the  county  where  such  certificate  was 
granted,  unless  a  person  qualified  as  heretofore  provided  can- 
not be  secured  to  fill  the  position. 

QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify.  Holding  the  office  of 
secretary  of  the  board  of  examiners  under  Act  266  of  1887  (amendatory  of 
chap.  12  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — 
People  v.  Howlett,  94  /  165.  The  legislative  intent  is  to  keep  up  the  standard 
of  teachers  by  requiring  certain  educational  qualifications  in  the  persons  whose 
duty  it  is  to  examine  the  teachers  and  determine  their  fitness  for  their  work. — 
People  v.  Howlett,  94  /  169.  In  the  case  of  Attorney  General  v.  Lewis,  151  / 
81,  it  was  held  that  persons  elected  to  the  office  of  commissioner,  and,  holding 
the  same  after  the  amendment  of  1895,  are  eligible,  since  the  statute  is  still 
the  act  of  1891  notwithstanding  its  amendments. 

(280)  §  5880.     SEC.  4.     The  board  of  school  examiners 
shall,  for  the  purpose  of  examining  all  persons  who  may  offer 
themselves  as  teachers  for  the  public  schools,  hold  two  regu- 
lar public  examinations  in  each  year  at  the  county  seat,  which 
examinations  shall  begin  on  the  last  Thursday  of  April  and 
the  second  Thursday  of  August  of  each  year.  From  these  two 
examinations  certificates  of  all  grades  may  be  granted.     It 
shall  be  the  duty  of  the  county  commissioner  to  make  out  a 
schedule  of  the  times  and  places  of  holding  such  examina- 
tions and  to  cause  it  to  be  published  in  one  or  more  news- 
papers of  the  county  at  least  ten  days  before  each  exam- 
ination. 

People  v.  Howlett,  94  /  170. 

(281)  §  5881.     SEC.  5.     The  board  of  school  examiners 
shall  meet  on  the  Saturday  of  the  week  following  each  public 
examination  held  according  to  the  provisions  of  section  four 
of  this  act,  and  shall  grant  certificates  to  teachers  in  such 
form  as  the  superintendent  of  public  instruction  shall  pre- 
scribe, licensing  as  teachers  all  persons  who  have  attained 
the  age  of  eighteen  years,  who  have  attended  such  public 
examinations  and  who  shall  be  found  qualified  in  respect  to 
good  moral  character,  learning  and  ability  to  instruct  and 
govern  a  school,  but  no  certificate  shall  be  granted  to  any 
person  who  shall  not  have  passed  a  satisfactory  examination 
in  orthography,  reading,  writing,  grammar,  geography,  arith- 
metic, theory  and  art  of  teaching,  United  States  history,  civil 
government,  physiology  and, hygiene  with  reference  to  the 
effect  of  alcoholic  drinks  and  narcotics  upon  the  human  sys- 
tem, school  law,  agriculture,  and  the  course  of  study  for  the 
district  schools  of  Michigan  prepared  by  the  superintendent 
of  public  instruction :    Provided,  That  no  certificate  shall  be 


GENERAL  SCHOOL  LAWS. 


115 


g  anted  under  the  provisions  of  this  act  to  any  person  who 
B'  all  not  have  completed  a  term  of  at  least  six  weeks'  work  in 
p  ofessional  training  in  a  state  normal  school  or  in  one  of 
tl  e  county  normal  training  classes  of  the  state  or  any  normal 
t'  aining  school  conducted  by  any  municipality  in  the  state,  or 
i  any  school  approved  by  the  state  superintendent  of  public 
i  st ruction;  but  the  completion  of  one-half  year  of  work  in  a 
hool  maintaining  four  years  of  work  above  high  school  rank 
all  be  accepted  in  lieu  of  this  requirement.  This  proviso. 
h  >wever,  shall  not  apply  to  persons  who  have  taught  in  the 
s  hools  of  the  state  for  at  least  five  months  prior  to  July  one, 
i  neteen  hundred  sixteen:  Provided  further,  That  no  certiti- 
c  ite  shall  be  granted  under  the  provisions  of  this  act  to  any 
I  arson  who,  having  arrived  at  the  age  of  twenty-one  years,  is 
i  ot  a  citizen  of  the  United  States:  Provided  further.  That 
;  ny  commissioner  may,  upon  the  request  of  any  holder  of  a 

>  M-ond  or  third  grade  certificate,  send  the  papers  written  by 

>  ich  person,  properly  certified  and  under  seal,  to  the  county 
1  oard  of  school  examiners  of  any  other  county  for  its  exani- 
i  lation.  and  such  board  of  school  examiners  may  in  its  dis 

«  rei  ion,  receive  such  papers  and  if  it  accept  them  shall  treat 
idem  in  the  same  manner  as  if  written  at  a  public  examina- 
tion in  its  own  county:  Provided  further,  That  the  board  of 
<  xaniiners  shall  have  the  right  to  renew  without  examina- 
1  ion  the  certificates  of  any  persons  who  shall  have  previously 
;  ttained  an  average  standing  of  at  least  eighty-five  per  cent 
in  all  the  studies  covered  in  two  or  more  previous  examina 

ions,  and  who  shall  have  been  since  such  last  named  exam 
Hat  ion  continuously  and  successfully  teaching  in  the  public 

chools  :     Provided  further,  That  an  indorsed  first  grade  cer- 

iticate  may  be  renewed  in  the  county  where  issued  or  in  the 
•  •onntv  where  the  holder  may  be  teaching  at  the  time  of  its 
»xpiration.  All  certificates  shall  be  signed  by  the  county 

•onnnissioner  and  by  at  least  one  of  the  members  of  the  board 
)f  examiners.  No  person  shall  be  considered  a  qualified 
teacher  within  the  meaning  of  this  act,  nor  shall  any  school 
Dfficer  employ  or  contract  with  any  person  to  teach  in  any  of 
(he  public  schools  under  the  provisions  of  this  act  who  has 
not  a  certificate  in  force  granted  by  the  board  of  school  exam 
iners  or  other  lawful  authority.  All  examination  questions 
shall  !><•  prepared  and  furnished  by  the  superintendent  of 
public  instruction  to  the  county  commissioner  under  seal,  to 
be  opened  in  the  presence  of  the  applicants  for  certificates  on 
the  day  of  examination. 

People  v.  Hewlett,  94  /  170  ;  O'Leary  v.  Sch.  Dist.,  118  /  469 

A  contract  Is  invalid,  unless  the  teacher,  at  the  time  of  making  the  same 


Further 

proviso. 


Further 
proviso, 
second  or 
third  grade 
certificate. 


Further 
proviso. 


Further 
proviso. 


Quost  i..n.> 


(282)     §5882.    SEC.  6.    There  shall  be  three  grades  of  cer-  Gradea  of 
ificates  granted  by  the  board  of  school  examiners  in  its  dis-  c 
cretion  and  subject  to  such  rules  and  regulations  as  the  super- 


116 


STATE  OF   MICHIGAN. 


Further 
proviso. 


intendent  of  public  instruction  may  prescribe,  which  grades 
First  grade,      of  certificates  shall  be  as  follows :    The  certificate  of  the  first 
grade  shall  be  granted  only  to  those  who  have  taught  at  least 
one  year  with   ability   and  success,   and   it  shall   be  valid 
Proviso.  throughout  the  state  for  four  years :    Provided^  That  all  exam- 

ination papers  for  first  grade  certificates  favorably  passed 
upon  by  the  board  of  examiners,  together  with  such  certifi- 
cate, shall  be  forwarded  to  the  superintendent  of  public 
instruction  within  ten  days  from  date  of  examination  for 
inspection :  Provided  further,  That  any  applicant  for  a  first 
grade  certificate  who  feels  that  the  county  board  of  school 
examiners  has  not  given  his  papers  the  credit  due  them,  may 
order  them  sent  to  the  state  superintendent  of  public  instruc- 
tion for  inspection;  and  if  the  standings  given  by  the  state 
superintendent  of  public  instruction  are  sufficient  for  his 
indorsement  of  the  certificate,  the  county  board  of  school 
examiners  shall  issue  such  certificate,  unless  it  shall  give  rea- 
sons satisfactory  to  the  superintendent  of  public  instruction 
for  withholding  the  same:  And  provided  further,  That  no 
first  grade  certificate  shall  be  valid  in  any  county  other  than 
that  in  which  it  is  granted,  unless  approved  and  counter- 
signed by  the  superintendent  of  public  instruction  and  a  copy 
filed  with  the  county  commissioner  in  the  county  in  which 
the  holder  of  said  certificate  desires  to  teach.  The  certificate 
of  the  second  grade  shall  be  granted  only  to  those  who  shall 
have  taught  at  least  seven  months  with  ability  and  success, 
and  it  shall  be  valid  throughout  the  county  for  which  it  shall 
be  granted  for  three  years,  and  such  certificate  may  be  trans- 
ferred to  another  county  as  provided  in  section  five  of  this 
act.  The  certificates  of  the  third  grade  shall  be  divided  into 
two  classes  known  as  A  and  B.  Third  grade  certificates  of 
class  A  shall  be  granted  only  to  persons  who  have  taught  suc- 
cessfully and  continuously  for  at  least  three  years  next  pre- 
ceding the  examination  in  primary  departments  of  graded 
schools,  and  the  certificate  of  this  class  shall  entitle  the 
holder  to  teach  in  primary  departments  of  graded  schools 
only.  Third  grade  certificates  of  class  B  shall  license  the 
holder  to  teach  in  any  school  of  the  county  in  which  it  shall 
be  granted  for  one  year,  and  such  certificate  may  be  trans- 
ferred to  another  county  in  the  same  manner  that  second 
grade  certificates  are  transferred  in  section  five  of  this  act; 
but  no  more  than  three  certificates  of  this  class  shall  be 
granted  to  the  same  person :  Provided,  That  third  grade  cer- 
tificates granted  at  the  April  examination  shall  be  good  until 
the  thirtieth  day  of  June  of  the  following  year:  Provided 
further,  That  the  county  commissioner  shall  have  power,  upon 
personal  examination  in  the  third  grade  branches  satisfac- 
tory to  himself  or  herself,  to  grant  certificates  which  shall 
license  the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted,  but  such  certificate  shall  not  con- 
tinue in  force  beyond  the  time  of  the  next  public  examina- 


Further  pro- 
viso, how 
validated 
outside* 
county. 


Second 
grade. 


Third  grade. 
Class  A. 


Class  B. 


Proviso, 
April  exam- 
ination. 

Further  pro- 
viso, personal 
examination. 


GENERAL  SCHOOL  LAWS. 


117 


C 

ina 
tioi 
94 

can 
she 
Lee 

leg, 
aft 
Sol 
S 

lav 
issi 
Th> 
me 
tifi 
let 


Revocation  of 

certificates. 


Duty  of  com- 
missioner 
when  charges 
preferred. 


tio  i,  and  in  no  case  shall  a  second  special   certificate  be 
gr;  ated  the  same  person  within  three  years. 

1RTIFICATES  :     A  certificate  issued  to  one  who  has  not  taken  an  exam- 
on  at  all  and  whose  qualifications  are  not  ascertained  upon  an  examina- 

is  not  such  a  certificate  as  the  law  provides  for. — People  v.  Hewlett, 
170-1.  The  action  of  the  board  of  examiners  in  refusing  a  certificate 
ot  be  questioned  by  the  rejected  applicant  in  a  suit  to  recover  wages 
would  have  earned  under  her  contract  but  for  such  adverse  action. — 
v.  Sch.  Dist.,  71  /  361.  A  certificate,  issued  for  three  years,  cannot  be 
ly  extended  by  the  secretary,  by  being  changed  to  read  for  four  years, 
•  the  board  of  examiners  who  issued  it  have  gone  out  of  office. — Bryan  v. 

Dist.,    Ill  /  67. 
'ECIAL   CERTIFICATES:      The    secretary   of   the   board    (under    the   old 

had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to 
j  a  special  certificate  to  the  rejected  applicant. — Lee  v.  Sch.  Dist.,  71  /  361. 
object  of  a  special  certificate  is  to  bridge  over  the  time  between  the  com- 
c«'in<>nt  of  a  school  and  the  next  meeting  of  the  examiners  and  such  a  cer- 
ite  has  life  only  until  the  next  regular  examination. — Id. ;  People  v.  How- 

94  /  170. 

i'S3)  §  5883.  SEC.  7.  The  board  of  school  examiners 
in:  y  suspend  or  revoke  any  teacher's  certificate  issued  by 
th  m  for  neglect  of  duty,  incompetency,  or  immorality,  or 
to  any  other  reason  which  would  have  justified  said  board 
in  withholding  the  same  when  given,  and  said  board  may  sus 
I -e  id  the  etl'ect  of  any  teacher's  certificate  granted  by  the 
co  inty  commissioner  of  schools  which  said  certificate  licenses 
ih  •  holder  thereof  to  teach  in  a  specified  district  for  which 
it  >hall  he  granted.  Whenever  written  charges  accusing  any 
te  cher  of  neglect  of  duty,  incompetency,  or  immorality  shall 
he  filed  with  the  county  commissioner  of  schools,  said  com- 
ni  ssioner  shall  immediately  notify  said  accused  teacher  that 
ch  irges  have  been  filed  against  him  and  shall  attach  to  such 
n<  tice  a  certified  copy  of  said  charges  together  with  the  name 
or  names  of  the  person  or  persons  filing  the  same,  and  said 
commissioner  may,  and  on  the  written  demand  of  the  accused 
te.icher  shall,  within  twenty  days  after  the  filing  of  said 
charges,  call  a  meeting  of  the  board  of  school  examiners  of 
th'  county  and  shall  summon  the  teacher,  against  whom 
charges  have  been  preferred,  and  also  summon  any  witnesses 
who  may  have  knowledge  of  the  facts,  to  appear  before  said 
Ixard  of  examiners  on  the  date  mentioned  in  the  summons. 
S;  id  summons  shall  have  the  force  of  a  summons  or  subpoena 
at  law.  ( )n  the  day  set  for  the  meeting  of  the  board  of  exam- 
iners, said  hoard  shall  proceed  to  hear  the  case.  The  chair- 
in  in  of  said  board  shall  have  authority  to  administer  an  oath 
to  the  several  witnesses  and  examine  them  under  oath  if  he 
deems  it  advisable.  The  board  of  examiners  shall  proceed  to 
examine  the  party  charged  and  the  witnesses  for  and  against 
s;  id  party,  and  if  it  shall  appear  that  the  charges  made  are 
tine,  then  the  said  board  shall  have  authority  to  suspend  or 
revoke  the  certificate  of  the  accused:  Provided.  That  no  cer- 
tificate shall  be  suspended  or  revoked  without  a  personal 
hearing,  unless  the  holder  thereof  shall,  after  a  reasonable 
notice,  neglect  or  refuse  to  appear  before  the  said  board  for 
that  purpose:  And  provided  further,  That  any  person  sum- 
n  oned  to  appear  before  the  board  of  examiners  for  the  pur- 


Duty  of 
board  at 


Proviso. 


Proviso,   non- 
appearance. 


118 


STATE  OF  MICHIGAN. 


poses  mentioned  herein  and  who  shall  fail  to  appear  before 
said  board  on  the  day  specified  in  the  summons,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in  any 
court  of  competent  jurisdiction,  shall  be  fined  a  sum  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  more  than  twenty 
days  or  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court.  The  county  commissioner  of  schools  in  any  county 
shall  have  authority  to  temporarily  suspend  the  force  of  any 
teacher's  certificate  when  from  his  personal  inspection  of  the 
work  of  said  teacher,  or  from  his  personal  knowledge,  he  is 
satisfied  that  such  teacher  has-  been  guilty  of  wilful  neglect 
of  duty  or  is  incompetent  to  instruct  or  govern  the  school,  or 
has  been  guilty  of  gross  immorality.  The  county  commis- 
sioner of  schools  shall,  upon  suspending  the  force  of  any 
teacher's  certificate,  immediately,  and  within  ten  days  there- 
after, call  a  meeting  of  the  board  of  school  examiners  and 
summon  said  teacher  to  appear  before  said  board  to  show 
cause  why  his  or  her  certificate  should  not  be  indefinitely 
suspended  or  revoked:  Provided  further,  however,  That  it 
shall  be  the  duty  of  the  board  of  school  examiners  to  file  in 
the  office  of  the  county  school  commissioner  its  decision  within 
ten  days  after  the  close  of  any  hearing  above  mentioned,  and 
it  shall  be  the  duty  of  the  county  school  commissioner  within 
five  days  after  the  filing  of  said  decision  to  mail  a  copy  thereof 
to  said  teacher :  Provided  further,  however,  That  any  teacher 
who  feels  aggrieved  at  the  decision  of  the  county  board  of 
school  examiners  may,  within  twenty  days  after  the  filing  of 
such  decision,  take  an  appeal  to  the  probate  court  of  said 
county,  who  is  hereby  authorized  to  hear  and  determine  said 
cause. 


Temporary 
suspension  of 
certificate. 


To  summon 
teacher  be- 
fore board. 


Proviso, 

filing 

decision. 


Proviso, 
appeal  to 
probate 
court. 


Duty  of 
commissioner. 


Examina- 
tions, certifi- 
cates, etc. 


Carver  v.   Sch.  Dist.,   113  /  524. 

IMMORALITY :  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
faith  for  the  purpose  of  preventing  such  person's  teaching  the  school,  is  privi- 
leged and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  profane 
and  a  Sabbath-breaker. — Wieman  v.  Mabee,  45  /  484. 

(284)  §  5884.  SEC.  8.  It  shall  be  the  duty  of  the  county 
commissioner : 

First,  Immediately  after  his  or  her  qualification  as  com- 
missioner, to  send  notice  thereof  to  the  superintendent  of 
public  instruction ; 

Second,  To  keep  a  record  of  all  examinations  held  by  the 
board  of  school  examiners  and  to  sign  all  certificates  and 
other  papers  and  reports  issued  by  the  board,  and  to  keep 
a  record  of  all  meetings  of  the  board  of  examiners  and  of  all 
hearings  for  the  suspension  or  revocation  of  any  teacher's 
certificate,  and  to  call  meetings  of  the  board  of  examiners 
at  such  other  times  than  those  mentioned  in  section  five  of 
this  act  as  he  may  deem  best; 

Third,  To  receive  the  institute  fee  provided  by  law  and  to 
pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirtieth  in  each  year; 


GENERAL  SCHOOL  LAWS. 


119 


]  ourth,  To  keep  a  record  of  all  certificates  granted,  sus- 
pei  led,  revoked  or  transferred  by  the  said  board  or  commis- 
sio  ter,  showing  to  whom  issued,  together  with  the  date,  grade, 
dilation  of  each  certificate,  and,  if  suspended  or  revoked, 
wi  h  the  date  and  the  reason  therefor; 

I  ifth,  To  furnish,  previous  to  the  third  Monday  in  July  in 
ea<  ti  year,  to  the  township  clerk  of  each  township  in  the 
< •<>  nty,  and  to  each  of  the  officers  of  ^every  school  district  in 
1h«  county,  a  list  of  all  persons  legally  authorized  to  teach  in 
tin  county  at  large  during  the  preceding  school  year,  and  in 
su  h  township,  with  the  date  and  term  of  each  certificate,  and 
if  ny  have  been  suspended  or  revoked,  the  date  of  such  sus- 
pe  ision  or  revocation; 

>ixth,  To  visit  each  of  the  schools  of  the  county  at  least 
mi  -e  in  each  year  and  to  examine  carefully  the  discipline,  the 
in.  de  of  instruction,  the  text-books  used,  the  apparatus 
be  oiiging  to  the  school,  the  library,  the  progress  and  the  pro- 
fit ency  of  the  pupils,  the  skill  and  efficiency  of  the  teacher, 
Hi  5  condition  of  the  school  property,  and  whether  the  attend- 
ar  ce  at  school  is  in  compliance  with  law,  and  to  make  a  care- 
fu  record  of  these  items  and  report  the  same  to  the  director 
of  each  district:  Provided,  That  in  counties  containing  one 
hi  ndred  or  more  schoolrooms,  the  commissioner  of  schools  is 
h(  reby  authorized  to  appoint  a  clerk,  who  shall  perform  such 
di  ties  as  said  commissioner  shall  direct,  except  visiting 
schools:  Provided  further,  In  counties  having  from  one  hun- 
di  ed  to  one  hundred  and  fifty  schoolrooms  the  whole  expense 
ircurred  for  such  clerk  shall  not  exceed  three  hundred  dollars 
IE  any  one  year  and  in  counties  having  more  than  one  hun- 
dred and  fifty  schoolrooms  the  whole  expense  incurred  for 
si  ch  clerk  shall  not  exceed  four  hundred  dollars  in  any  one 
year:  Provided  further,  That  nothing  in  this  act  contained 
shall  operate  to  restrict  the  board  of  supervisors  of  any 
county  from  paying  such  greater  sums  than  herein  provided 
an  said  boards  may  deem  just  and  necessary; 

Seventh,  To  counsel  with  the  teachers  and  school  boards  as 
to  the  course  of  study  to  be  adopted  and  pursued,  and  as  to 
a  ay  improvement  in  the  discipline,  instruction  and  manage- 
ment of  the  school,  and  he  may  examine  and  audit  the  books 
ami  the  records  of  any  school  district  at  any  time  when 
directed  to  do  so  by  the  superintendent  of  public  instruction 
[.  or  by  application  of  any  school  board ; 

Kighth,  To  promote  by  such  means  as  he  or  she  may  devise, 
the  improvement  of  the  schools  in  the  county,  and  the  eleva- 
tion of  the  character  and  qualifications  of  the  teachers  and 
(  Hi  errs  thereof,  and  act  as  assistant  conductor  of  institutes 
i  ppointed  by  the  superintendent  of  public  instruction,  and 
perform  such  other  duties  pertaining  thereto  as  said  super- 
intendent shall  require; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the  sev- 

al  township  clerks,  examine  into  the  correctness  of  the 


Record  of 
certificates. 


List  of 

authorized 

teachers. 


Examina- 
tions. 


Proviso. 


Further 
proviso. 


Further 
proviso. 


Institutes, 
etc. 


To  examine 
reports. 


120 


STATE  OF  MICHIGAN. 


same,  requiring  them  to  be  amended  when  necessary,  endorse 
his  or  her  approval  upon  them,  and  immediately  thereafter, 
and  before  the  fifteenth  day  of  September  in  each  year,  trans- 
mit to  the  superintendent  of  public  instruction  one  copy  of 
each  of  said  reports  and  file  the  other  in  the  office  of  the 
county  clerk; 

Tenth,  To  be  subject  to  such  instruction  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe,  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  or 
her  by  the  superintendent  of  public  instruction,  and  to  dis- 
pose of  the  same  as  directed  by  the  said  superintendent,  and 
to  make  annual  reports  at  the  close  of  the  school  year  to  the 
superintendent  of  public  instruction  of  his  or  her  official 
labors,  and  of  the  schools  of  the  county  together  with  such 
other  information  as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required 
of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office  to 
deliver  all  records,  books,  and  papers  belonging  to  the  office 
to  his  or  her  successor. 


Compensa- 
tion of  com- 
missioner, 
how  fixed. 


Per  diem  of 

school 

examiners. 


Clerk. 
How  paid. 


Section  9  was  repealed,  1909,  Act  222. 

(285)  §  5885.  SEC.  10.  The  compensation  of  each  county 
commissioner  of  schools  shall  be  determined  by  the  board 
of  supervisors  of  each  county,  respectively,  but  the  compen- 
sation shall  not  be  fixed  at  a  sum  less  than  five  hundred  dol- 
lars per  annum  in  any  county  where  there  are  thirty  school- 
rooms ;  at  not  less  than  seven  hundred  fifty  dollars  per  annum 
where  there  are  more  than  seventy  schoolrooms;  at  not  less 
than  one  thousand  dollars  per  annum  where  there  are  one 
hundred  schoolrooms  and  not  less  than  twelve  hundred  dol- 
lars where  there  are  one  hundred  twenty-five  schoolrooms; 
not  less  than  thirteen  hundred  fifty  dollars  where  there  are 
one  hundred  fifty  schoolrooms ;  not  less  than  fifteen  hundred 
dollars  where  there  are  one  hundred  seventy-five  schoolrooms ; 
not  less  than  two  thousand  dollars  per  annum  where  there 
are  over  three  hundred  schoolrooms ;  in  estimating  the  num- 
ber of  schoolrooms  in  any  county,  all  graded  schools  whether 
operating  under  a  general  or  special  charter  shall  be  included. 
Each  member  of  the  board  of  school  examiners,  other  than 
the  county  commissioner,  shall  receive  four  dollars  for  each 
day  actually  employed  in  the  duties  of  his  office  and  his  actual 
and  necessary  traveling  expenses  incurred  in  the  discharge 
of  his  official  duties  in  his  own  county.  The  compensation  of 
any  clerk  when  appointed  as  provided  in  this  act  shall  be 
determined  by  the  county  commissioner.  The  compensation  of 
members  of  the  county  board  of  school  examiners  and  of  any 
clerk  appointed  by  the  county  commissioner  shall  be  paid 
monthly  from  the  county  treasury  upon  such  examiner  or 
clerk  filing  with  the  county  clerk  a  certified  statement  of  his 
or  her  account  which  shall  give  in  separate  items  the  nature 


: 


GENERAL  SCHOOL  LAWS. 


121 


Further 
proviso, 
detailed 
statement. 


mount  of  the  service  for  which  compensation  is  claimed. 
Tl  e  compensation  of  the  county  commissioner  shall  be  paid 
m  nthly  from  the  county  treasury:  Provided,  That  in  no  Proviso, 
cji  <e  shall  the  county  commissioner  receive  any  order  for  com- 
p(  isation  from  the  county  clerk  until  he  has  filed  a  certified 
st  tement  from  the  superintendent  of  public  instruction  that 
a]  reports  required  of  the  county  commissioner  have  been 
p  3perly  made  and  filed  with  said  superintendent:  Provided 
l1 1  -ther,  That  no  county  commissioner  shall  receive  an  order 
f<  •  compensation  until  he  shall  have  filed  with  the  county 
<  -T-k  a  detailed  statement  under  oath  showing  what  schools 
h  vo  been  visited  by  him  during  the  preceding  month  arad 
\\  mt  amount  of  time  was  employed  in  each  school,  naming 
tl  e  township  and  school  district.  The  actual  and  necessary 
ti  aveling  expenses  of  the  commissioner  incurred  in  the  dis- 
c  urge  of  his  official  duties  in  his  own  county  and  the  neces- 
s;  ry  and  all  contingent  expenses  for  printing,  postage,  sta- 
t:  )nery,  record  books,  grading  registers,  telephone  rental,  rent 
o  rooms  for  public  examinations,  teachers7  or  school  officers' 
n  eetings,  shall  be  audited  and  allowed  by  the  board  of  super- 
v  sors  or  the  county  board  of  auditors. 


, 


Am.  1917,  Act  21. 

ASSISTANT  VISITOR  :  Mandamus  to  compel  the  payment  of  an  assistant 
v  sitor  of  schools  for  services  rendered  under  this  act,  was  denied,  when  the 
C'  mmissioner  had  not  determined  the  compensation  as  required. — Hicks  v. 
V  ayne  Co.  Auditors,  97  /  611. 


Who  shall  not 
act  as  agent. 


Vacancy, 
how  filled. 


(286)  §  5886.     SEC.  11.     No   superintendent   of   public 
istruction,  instructor  at  institute,  county  commissioner  or 

(''cam  in  or,  shall  act  as  agent  for  the  sale  of  any  school  furni- 
t  ire,  text-books,  maps,  charts  or  other  school  apparatus. 

(287)  §  5887.     SEC.  12.     Whenever  by  death,  resignation 
or  removal  from  office,  or  otherwise,  a  vacancy  shall  occur  in 
the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county 
j  ml  said  board  shall  meet  at  the  office  of  the  county  clerk  on 
r   date  to  be  named  in  said  notice,  not  more  than  ten  days 
from  the  date  of  such  notice,  and  said  board  shall  appoint  a 
porson  who  is  qualiffed  according  to  statute  to  fill  the  vacancy 
lor  the  unexpired  portion  of  the  term  of  office. 

(288)  §  5888.     SEC.  13.    The  officers  of  every  school  dis- 
rict,  except  as  hereinafter  provided,  which  is,  or  shall  here- 
ifter  be,  organized  in  whole  or  in  part  in  any  city  or  village 
n  this  state,  which  is  incorporated  under  the  general  laws 
>r  by  special  enactment,  in  which  enactment  special  provi- 
sions exist  in  regard  to  licensing  teachers,  shall  employ  only 
such  teachers  as  are  legally  qualified  under  the  preceding  sec- 

tions   of  this  act:     Provided,   That  in  incorporated   cities  Proviso. 
MH  ploy  ing  a  principal  of  the  high  school  and  also  a  superin- 
dent  of  schools  who  gives  not  less  than  one-third  of  his 


Teachers,  em- 
ployment of. 


n 


122 


STATE  OF   MICHIGAN. 


Further 
proviso. 


OP  her  time  to  school  supervision,  the  superintendent  of 
schools  and  the  board  of  education  or  a  committee  thereof 
shall  be  empowered  to  examine  their  teachers  and  grant  cer- 
tificates to  such  as  are  not  already  legally  qualified,  at  such 
times  and  in  such  form  as  the  superintendent  of  public 
instruction  shall  prescribe:  Provided  further,  That  no 
teacher  shall  be  licensed  to  teach  in  any  school  or  schools  of 
this  state  by  any  officer,  board  or  other  authority,  including 
every  school  or  school  district,  regardless  of  whether  existing 
or  created  under  general  or  special  law,  unless  the  license  or 
certificate  is  granted  at  such  times  and  in  accordance  with 
such  terms  and  conditions  as  shall  be  prescribed  by  the  super- 
intendent of  public  instruction:  Provided  further,  That 
cities  having  a  special  and  thoroughly  equipped  normal  train- 
ing department,  under  control  of  a  special  training  teacher, 
such  school  having  a  course  of  not  less  than  one  year,  shall 
be  exempt  from  the  provisions  of  this  section  as  to  the  exam- 
ination of  teachers.  Any  board  of  education  that  shall  violate 
the  provisions  of  this  act  by  employing  a  teacher  who  is  not 
legally  qualified,  shall  forfeit  such  a  proportion  of  the  pri- 
mary school  interest  fund  as  the  number  of  unqualified 
feachers  employed  bears  to  the  whole  number '  of  teachers 
employed  in  the  district.  All  school  districts  organized  by 
special  enactments  shall,  through  their  proper  officers,  make 
such  reports  as  the  superintendent  of  public  instruction  may 
require. 


Further 
proviso. 


Section  14  repeals  "all  acts  or  parts  of  acts  conflicting  with  the  provisions 
of  this  act."    As  to  one  effect  of  this  repeal,  see  Perrizo  v.  Kesler,  93  /  284. 


Duty  of  state 
superintend- 
ent of  public 
instruction. 


Commissioner 
to  give  notice 
of  exami- 
nation. 


EXAMINATION  FOR  ADMISSION  TO  AGRICULTURAL 

COLLEGE. 

An  Act  to  provide  for  the  examination  of  candidates  for  admission  to 
the  agricultural  college  by  county  commissioners  of  schools. 

• 

[Act  101,  P.  A.  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(289)  §  5890.     SECTION  1.     That  it  shall  be  the  duty  of 
the  state  superintendent  of  public  instruction  to  secure,  at 
least  twice  each  year,  from  the  president  of  the  Michigan 
agricultural  college,  a  set  of  examination  questions  in  all  the 
studies  required  for  admission  to  said  college.    It  shall  also 
be  the  duty  of  the  state  superintendent  of  public  instruction 
to  send  a  printed  list  of  said  examination  questions  to  each 
county  commissioner  of  schools. 

(290)  §  5891.      SEC.  2.     It   shall   be   the   duty   of   each 
county  commissioner  of  schools  to  give  public  notice  of  this 
examination  at  the  time  of  all  regular  teachers'  examinations, 


GENERAL  SCHOOL  LAWS. 


123 


an  .  to  submit  the  questions  aforesaid  to  any  candidate  who 

mi  Y  desire  to  enter  the  agricultural  college.     The  exainina- 

tio  i  shall  be  conducted  in  I  lie  same  manner  as  are  the  regular  conducted. 

te;  chers'  examinations  of  the  county.    The  work  of  each  and 

evi  ry  candidate,  together  with  the  name  and  address,  shall 

be  forwarded  by  the  commissioner,  within  five  days  from  the 

d;i  e  of  the  examination,  to  the  president  of  the  college,  who 

sli  11  examine  and  grade  the  answers  and  report  to  the  can- 

di  ate  within  five  days  of  the  receipt  of  the  paper  the  result 

of  the  examination.    A  standing  of  seventy  per  cent  in  each 

hi- inch  will  admit   to  freshman  class  <>!'  the  college  without 

In  ther  examination. 


I, 


ETING  OF  SCHOOL  OFFICERS  OF  COUNTY. 

A]   Act  to  authorize  the  county  commissioner  of  schools  in  each  county 
to  call  a  meeting  of  the  school  officers  of  the  county. 

[Act  112,  p.  A.  1909.] 
The  People  of  the  State  of  Michigan  enact: 

i  -1)1 )  §  5820.  SECTION  1.  Each  county  commissioner  of  Meetingof 
s<  hools  in  the  state  of  Michigan  shall  call  a  meeting  of  the 
s(  hool  officers  of  his  county  at  least  once  every  two  years,  said 
n  eeting  to  be  held  at  the  county  seat  or  some  other  con- 
venient place  in  the  county  for  the  purpose  of  consultation, 
advice  and  instruction  upon  matters  pertaining  to  the  man- 
agement and  welfare  of  the  public  schools  of  the  county.  The 
call  for  said  meeting  shall  include  every  board  of  education 
ii  the  county,  whether  rural  or  city. 

Am.  1919,  Act  46. 

i  iM)2)  §  5821.  SEC.  2.  The  school  board  or  board  of  edu- 
c  it  ion  shall  attend  such  meeting.  The  school  board  or  board 
of  eo!  11  cation  attending  such  meeting  shall  be  allowed  and 

(aid  the  actual  traveling  expenses  going  to  and  returning 
•om  said  meeting,  said  sum  to  be  paid  from  the  general  fund 
i  the  treasury  of  the  school  district.  The  county  commis- 
ioner  of  schools  shall  issue  to  each  member  in  attendance  a 
crtilicate  of  attendance  which  shall  be  filed  with  the  director 

<  r  secretary  of  the  board,  and  when  filed  shall  serve  as  a  basis 

<  I  evidence  for  drawing  the  order  for  expenses  of  each  mem- 

of  the  board. 


to  include. 


Who  shall 
attend. 


Expenses 
allowed. 


Certificate  of 

attendance. 


Am.    Id. 


«(293)     §  5822.    SEC.  3.    It  shall  be  the  duty  of  the  super- 
ntendent  of  public  instruction  to  assist  the  county  commis- 
sioner of  schools  in  conducting  said  meeting  of  school  officers, 
and  he  shall  attend  said  meeting  either  in  person  or  by  repre- 
sentative. 


Superintend- 
ent of  public 
instruction, 
duty  of. 


124 


STATE  OF  MICHIGAN. 


Single  school 
districts. 


Petition  of 
electors. 


Township 
clerk  to  call 
meeting. 


Election. 


Proviso. 


TOWNSHIP  SCHOOL  DISTRICTS. 

An  Act  to  provide  for  the  organization  and  disbandment  of  township 
school  districts  in  the  state  of  Michigan,  (a) 

[Act  117,   P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(294)  §  5909.  SECTION  1.  Whenever  a  majority  of  the 
qualified  school  electors  in  any  organized  township  votes  in 
favor  of  organizing  said  township  into  a  single  school  dis- 
trict, such  township  shall,  after  the  second  Monday  in  July 
thereafter,  be  a  single  school  district  and  shall  be  governed 
by  the  provisions  of  this  act,  and  in  case  there  are  one  or 
more  graded  school  districts  in  the  township  having  a  popu- 
lation of  nine  hundred  or  less,  the  qualified  school  electors  in 
such  graded  districts  shall  have  the  right  to  sign  the  peti- 
tion hereinafter  mentioned,  and  vote  on  the  question  of  the 
establishment  of  such  township  district,  and  such  graded 
districts  shall  become  a  part  of  the  township  district.  The 
question  of  changing  any  organized  township  into  a  single 
school  district  to  be  governed  by  the  provisions  of  this  act, 
shall  not  be  submitted  to  the  qualified  school  electors  of  said 
township  until  a  petition  therefor,  signed  by  one-fourth  of 
the  qualified  school  electors  of  such  township,  requesting 
the  submission  of  such  proposition,  shall  be  filed  in  the  office 
of  the  township  clerk.  Upon  the  receipt  and  filing  of  such 
petition,  it  shall  be  the  duty  of  the  township  clerk  to  call  a 
meeting  of  the  township  board  and  it  shall  be  the  duty  of 
the  township  board  of  such  township  to  attend  such  meeting, 
which  shall  be  held  not  more  than  five  days  after  the  filing 
of  such  petition.  It  shall  be  the  duty  of  the  said  township 
board  at  such  meeting  to  consider  the  said  petition  with 
the  names  appearing  thereon,  and  if  it  be  found  and  deter- 
mined that  one-fourth  of  the  qualified  school  electors  of 
said  township  have  signed  the  said  petition  requesting  that 
the  said  township  of  which  they  are  residents  be  organized  as 
a  single  school  district  under  the  provisions  of  this  act,  it 
shall  be  the  duty  of  the  township  board  to  call  an  election 
at  which  the  question  of  the  organization  of  the  said  town- 
ship into  a  single  school  district  shall  be  submitted  to  the 
qualified  school  electors  of  such  township.  Such  election 
shall  be  called  by  the  township  board  within  thirty  days 
after  the  meeting  of  the  township  board  at  which  it  is  deter- 
mined that  the  petition  herein  provided  for  is  sufficient: 
Provided,  however,  That  if  any  such  petition  is  determined 
to  be  sufficient  not  more  than  four  months  and  not  less  than 
twenty  days  prior  to  the  annual  township  election,  such 
question  shall  be  submitted  at  the  annual  township  election. 


(a)     Title   amended    1919,   Act   354. 


GENERAL  SCHOOL  LAWS.  128 


[otice  of  such  election,  whether  it  be  of  a  special  or  of  the 

nnual  election,  shall  be  given  by  the  township  board  by  post- 

ig  notices  thereof  in  at  least  five  public  places  in  the  town- 

hip  and  at  least  one  notice  in  each  organized  school  district 

i  the  township,  which  notice  shall  state  that  at  such  elec- 

ion,  giving  the  date,  the  question  of  the  organization  of  the 

ownship  into  a  single  school  district  shall  be  submitted  to 

he  qualified  school  electors  of  the  township.     The  ballots   Ballot*  form. 

pon  which  such  question  shall  be  submitted  shall  be  in  the 

blowing  form  :    Shall  ................  (name  of  township) 

ownship  be  organized  into  a  single  school   district?     [  ] 
'es.    Shall  .................   (name  of  township)  township 

c  organized  into  a  single  school  district?     [   ]   No.     Each 
allot  which  has  a  cross  marked  in  the  square  to  the  left  of 
he  word  "Yes"  on  any  such  ballot  shall  be  counted  in  favor 
i'  the  organization  of  such  township  into  a  single  school 
.istrict,  and  each  ballot  which  has  a  cross  marked  in  the 
qua  re  to  the  left  of  the  word  "No"  shall  be  counted  against 
he  organization  of  such  township  into  a  single  school  district. 
vny  such  election  shall  be  conducted  by  the  township  board  Election,  how 
>f  election  inspectors  in  the  same  manner  in  all  respects  and  c 
he  ballots  shall  be  taken,  counted,  and  canvassed  in  the 
ame  manner  that  is  now  provided  for  the  counting  of  bal- 
ots  under  the  general  election  law.     If  a  majority  of  the 
chool  electors  of  such  township  voting  at  such  election  votes 
n  favor  of  the  proposition,  such  township  shall,  after  the 
:  econd  Monday  in  July  subsequent  to  such  election,  be  con- 
id  cred  a  single  school  district  and  shall  be  governed  by  the 
u-ovisioiis  of  this  act.    Whenever  a  majority  of  the  qualified 
school  electors  of  any  township  votes  in  favor  of  the  organ- 
za lion  of  any  township  into  a  single  school  district  it  shall 
':»•  die  duty  of  the  township  board  to  call  a  township  election 
01-  the  second  Monday  in  July,  at  which  election  the  trustees 
or  the  township  school  district  shall  be  elected  by  the  quali- 
ied  school  electors  of  such  township.     Notice  of  such  elec-  Notice. 
ion  shall  be  given  by  the  township  board  by  posting  notices 
hereof  in  at  lea^t   live  public  places  in  the  township  and  at 
cast  one  notice  in  each  organized  school  district  that  on  the 
;ocond  Monday  in  July  following  trustees  for  the  township 
;choo]  district  will  be  elected,  and  it  shall  be  the  duty  of  the 
ownship  board  of  election  inspectors  of  such  township  to 
•onduct  such  first  election  and  perform  such  duties  in  con- 
aection  therewith  as  may  be  necessary  to  carry  out  the  pro- 
visions of  this  act:    Provided,  That  if  in  such  township,  or   proviso. 
is  a  part  of  such  township,  there  are  fractional  school  dis 
•ricts  already  organized,  the  schoolhouse  of  which  is  within 
the  boundaries  of  the  township,  such  fractional  districts  shall 
be  considered  a  part  of  the  township  for  school  purposes,  and 
lualified  school  elcrtors  residing  anywhere  in  such  fractional 
school  district  shall  he  qualified  to  sign  the  petition  for  or 
tc  upon  the  question  of  the  organization  of  the  township 


126 


STATE  OF  MICHIGAN. 


proviso. 


district.  The  township  board  shall  make  and  file,  both  with 
certified  copy,  the  county  clerk  and  with  the  county  commissioner  of  schools 
of  the  county  in  which  such  township  is  located,  a  certified 
copy  of  the  above  mentioned  petition  together  with  its  find- 
ings and  decision  thereon,  and  when  the  trustees  or  district 
officers  shall  have  been  duly  elected  and  shall  have  filed  a 
written  acceptance  of  office  with  the  township  clerk  of  such 
township  and  shall  have  complied  with  the  general  provisions 
of  this  act  pertaining  to  the  election  and  acceptance  of  school 
officers,  the  said  board  of  education  shall  immediately  become 
the  custodian  of  all  the  property  pertaining  to  the  public 
schools  of  the  township  and  shall  have  all  the  powers  and 
privileges  conferred  upon  school  officers  by  the  general  laws  of 
this  state,  and  said  general  laws  shall  apply  and  be  in  force  in 
such  district  in  all  particulars  not  otherwise  provided  for 
in  this  act  :  Provided,  That  immediately  upon  the  organiza- 
tion of  the  board  of  education  herein  provided  for  said  board 
shall  call  a  meeting  of  the  officers  of  the  school  districts  of 
Accounting  of  the  township  as  heretofore  existing,  if  any,  and  at  such  meet- 
property,  etc.  -ng  there  shall  be  an  accounting  of  the  property,  records, 
and  funds  of  such  districts  and  a  settlement  of  the  same,  and 
the  officers  of  the  several  school  districts  of  the  township  as 
heretofore  existing  shall  immediately  thereafter  turn  over  to 
the  said  board  of  education  all  the  books,  records,  money, 
property,  and  other  matter  or  material  in  their  possession 
and  belonging  to  the  public  schools  of  their  respective  dis- 
tricts to  the  township  board  of  education  and  said  board 
shall  give  to  such  officers  proper  receipts,  and  the  secretary 
of  said  board  of  education  shall  place  a  full  statement  of 
such  several  settlements  in  the  records  of  the  board  of  edu- 
cation for  said  township. 

Acts  of  a  municipal  corporation  may  not  be  defeated  by  a  collateral  attack 
upon  the  regularity  of  its  organization  so  as  to  prevent  a  bond  issue  by  the 
defendant  school  district  because  the  proceedings  to  organize  the  school  district 
\v«>r<>  invalid.  —  Connine  v.  Smith,  190  /  632. 

(295)  SEC.  la.  Whenever  any  township  school  district 
has  been  organized  as  provided  in  this  act,  and  such  organ- 
ization shall'  have  been  in  existence  for  a  period  of  five  years 
or  longer,  the  qualified  school  electors  of  such  township  shall 
have  the  right  to  disband  such  township  organization.  The 
question  of  the  disbandment  of  such  township  school  dis- 
trict shall  be  submitted  to  the  qualified  school  electors  of  said 
township  upon  the  presentation  of  a  petition  therefor  signed 
by  one-fourth  of  the  qualified  school  electors  of  such  township 
requesting  the  submission  of  such  question,  said  petition  to 
be  filed  in  the  office  of  the  township  clerk.  Upon  the  filing  of 
such  petition,  all  of  the  provisions  of  section  one,  insofar  as 
they  can  be  made  applicable,  relative  to  the  submission  of  the 
question  of  organization  of  a  township  school  district  shall 
apply  to  the  holding  of  the  election,  the  furnishing,  taking, 


Diabandment. 


Referendum 
by  petition. 


Holding  of 
election. 


Mr 
n< 
T 
h. 


<;I:M:KAL  SCHOOL  LAWS. 


127 


inting  and  canvassing  of  ballots,  and  to  all  other  things 
i  r y  for  a  determination  of  the  question  of  disbandment. 
o  ha  Hots  upon  which  such  question  shall  be  submitted  shall   Form  of 

ballot. 

in  the  following  form: 

Shall  the  township  school  district  of township 

b<    disbanded  and  the  township  re-districted  into  separate 
S(  100!  districts? 
Y  fl    (    ). 

Shall  the  township  school  district  of township 

b-    disbanded  and  the  township  re-districted  into  separate 
8(  hool  districts? 

If  a  ma  joritv  of  the  school  electors  of  such  township  voting  Date  of 

,J     ,.  •  ...  '    disbandment. 

a  such  election  votes  in  favor  of  the  proposition,  such  town- 
si  ip  school  district  shall,  after  the  second  Monday  in  July 
si  bsequent  to  such  election,  be  considered  disbanded.  It  shall 
tl  ereupon  become  the  duty  of  the  township  board  to  re-dis- 
ti  ict  such  township,  following  as  closely  as  possible  the  ter- 
r  forial  limits  of  the  various  school  districts  existing  within 
si  ch  township  at  the  time  of  the  organization  of  the  township 
s<  hool  district,  and  such  district  shall  thereupon  be  governed 
b/  the  provisions  of  the  general  school  laws.  Immediately  ^"property^ 
f<  llowing  such  re-districting  by  the  township  board,  it  shall 
b'!  the  duty  of  the  hoard  of  education  of  such  township  school 
d  strict  to  turn  over  to  the  township  board  all  of  the  property, 
records  and  funds  of  such  district  and  such  township  board 
shall  do  all  things  necessary  to  provide  for  the  distribution 
<>  such  property,  funds  and  other  matter  or  material  pos- 
sessed by  said  township  school  district  equally  and  pro  rata 
a  nongst  the  new  districts  created  in  said  township,  and 
thereby  such  township  school  district,  as  such,  shall  cease  to 
exist,  and  such  new  districts  created  shall  become  possessed 
o :  all  of  the  rights,  powers  and  duties  now  conferred  by  gen- 
e:fal  law  upon  school  districts. 

Added  1919,  Act  354. 

(296)  §  5910.  SEC.  2.  All  cities  organized  as  school  dis-  Exemption, 
t  *icts  and  all  graded  school  districts  having  a  population  of 
more  than  nine  hundred  shall  be  exempt  from  the  provisions 
of  this  act.  Their  boundaries  shall  remain  the  same  and  they 
shall  continue  to  administer  the  public  schools  of  such  city 
or  graded  district  in  the  same  manner  as  heretofore  provided 
fcy  statute:  Provided,  That  if  any  such  city  or  graded  school  Proviso, 
district  shall  desire  to  give  up  its  own  organization  as  a  school 
district  and  become  a  part  of  the  township  district,  and  such 
cistrict  and  the  other  district  or  districts  of  the  township 
shall  respectively  so  express  themselves  by  ballot  by  a  major- 
ity vote  of  the  legal  voters  of  each  district  at  an  annual  or 
special  meeting  of  such  districts,  the  superintendent  of  public 
instruction  shall  have  authority  to  declare  the  organization 
i-f  such  city  or  graded  school  district  for  school  purposes  dis- 


128 


STATE  OF  MICHIGAN. 


Further 
proviso. 


Further 
proviso. 


solved,  and  he  shall  make  such  declaration  in  writing  and 
serve  the  same  upon  the  officers  of  the  township  district  and 
upon  the  officers  of  such  city  or  graded  district,  and  such 
officers  shall  immediately  turn  over  to  the  board  of  education 
of  such  township  all  the  building,  property,  appurtenances, 
money,  and  material  heretofore  belonging  to  such  city  or 
graded  district  to  the  board  of  education  of  the  township  dis- 
trict, and  thereafter  such  city  or  graded  district  shall  be  a 
part  of  the  township  district  and  controlled  by  the  township 
board  of  education  as  herein  provided:  Provided  further, 
That  where  fractional  school  districts  have  been  organized 
heretofore  the  organization  of  the  township  district  for  school 
purposes  shall  conform  to  the  boundaries  of  such  school  dis- 
tricts, and  that  the  said  fractional  districts  shall  become  a 
part  of  the  township  district  in  which  the  schoolhouse  of 
such  district  is  located,  and  that  in  the  election  of  school 
officers  said  boundaries  shall  be  recognized  by  the  officers  of 
the  township:  Provided  further,  That  in  any  case  where  a 
fractional  district  has  been  organized  heretofore,  such  terri- 
tory may  be  divided  so  that  the  .township  school  district 
boundary  lines  shall  conform  to  the  township  boundary  lines, 
said  division  being  made  in  their  discretion  by  the  township 
boards  of  the  townships  in  which  the  territory  may  be  located, 
said  boards  meeting  in  joint  session  for  such  purpose.  When 
such  division  has  been  made,  the  township  boards  at  said 
joint  meeting  shall  immediately  proceed  to  make  an  equitable 
division  of  the  property,  and  money,  if  any,  belonging  to  such 
district  between  the  townships  in  which  such  district  was 
located.  The  township  clerk  of  the  township  in  which  the 
schoolhouse  of  such  fractional  school  district  is  located  shall 
give  at  least  ten  days'  notice  to  the  township  clerk  of  the 
other  townships  interested  of  the  time  and  place  of  such 
meeting,  and  each  township  clerk  upon  receiving  such  notice 
shall  notify  each  member  of  the  township  board  of  his  town- 
ship of  the  time  and  place  of  such  meeting.  The  joint  meeting 
of  the  township  boards  when  assembled  shall  elect  from  their 
number  a  chairman  and  a  clerk,  and  a  majority  of  the  joint 
board  shall  be  necessary  to  determine  all  questions  submitted. 
The  clerk  of  said  joint  board  shall  provide  each  township 
clerk  with  an  exact  record  of  the  proceedings  of  said  meethig. 
(297)  §  5011.  SEC.  3.  The  officers  of  said  township  dis- 
trict shall  consist  of  five  trustees  elected  at  large  who  shall 
constitute  the  board  of  education  of  said  district  and  a  regu- 
lar term  of  office  shall  be  three  years.  Any  qualified  voter 
in  the  district  whose  name  appears  upon  the  assessment 
roll  and  who  is  the  owner  in  his  own  right  of  the  property 
so  assessed,  shall  be  eligible  to  election  or  appointment  to 
office  in  such  district :  Provided,  That  where  a  husband  and 
wife  own  property  jointly,  if  otherwise  qualified,  each  shall 
be  eligible  to  election  or  appointment  to  school  office.  At 
the  first  election  held  on  the  second  Monday  of  July  under 


Township 
clerk  to  give 
notice. 


Board  of 

education, 

term. 


Eligibility. 


Proviso,  hus- 
band and 
wife. 

When 
elected. 


129 


ant   ority  of  this  act,  the  qualified  electors  of  the  township 
sli.i  I  proceed  to  elect  by  ballot  one  trustee  for  the  term  of 
one  year,  two  for  the  term  of  two  years  and  two  for   the 
ten  i  of  three  years,  and  annually  thereafter  a  successor  or 
sue  essors  to  the  trustee  or  trustees  whose  term  or  terms  of 
o%  »  shall  expire.     The  term  of  office  intended  for  each  per- 
son shall  he  designated  on  the  ballot  and  which  said  ballot 
sha  1  have  printed  thereon  the  names  of  all  candidates  and 
the   Alices  to  be  voted  therefor,  together  with  instructions  as 
to  i  ie  method  of  voting:    Provided,  That  to  obtain  the  print- 
ing of  the  name  of  any  candidate  for  any  of  said  offices,  said 
can  lidate  shall   file  a  nomination  petition  with  the  clerk  of 
the  school  board  not  less  than  thirty  days  before  election, 
wh  :'h  petition  shall  be  signed  by  not  less  than  twenty-five 
noi    more  than  one  hundred  qualified  electors  of  the  school 
dis  rict  and  each  petition  shall  recite  the  residence  and  occu- 
pat  on  of  the  electors  signing  the  same,  together  with  the 
dat  >  of  signature.    At  the  first  election  and  at  all  succeeding 
ele  tions  held  in  said  township  district,  the  township  board 
shall  act  as  a  board  of  election  inspectors  and  shall  receive 
an<    canvass  the  votes,  prepare  ballots  and  conduct  the  elec- 
tio  i  in  the  same  manner  as  provided  for  in  township  elec- 
tio  is  held  under  the  general  law.     The  township  clerk  shall 
ke<  [>  a  record  of  all  proceedings  of  said  first  meeting  of  the 
dis  rict  and  file  a  copy  of  the  same  in  his  office  and  turn  over 
a  cipy  of  said  proceedings  to  the  secretary  of  the  board  of 
edi  cation  when  said  board  is  organized.    In  election  of  trus- 
tee;, the  person  or  persons  receiving  the  highest  number  of 
v..t  -s  cast  shall  he  declared  elected  and  he  or  they  shall  hold 
(•Hi  -e  until   his  or  their  successor  or  successors  shall  have 
I »ee n  duly  elected  and  shall  have  qualified  as  provided  in  this 
act.    In  all  school  elections  every  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  male  or  female,  who  owns 
property  which  is  assessed  for  school  taxes  in  the  township 
district  or  who  is  the  parent  or  legal  guardian  of  any  child 
of  school  age  included  in  the  school  census  of  said  district, 
and  who  has  resided  in  said  township  district  three  months 
ne:.t  preceding  such  election,  shall  be  a  qualified  voter.     On 
thr  question  of  voting  school  taxes,  every  citizen  of  the  United 
States  of  the  age  of  twenty  one  years,  male  or  female,  who 
owns  property  in  fee.  by  contract  or  homestead  right  which 
is  assessed  for  school  taxes  in  the  township  district,  and  who 
ha  ;  resided  in  the  district  as  above  stated  shall  be  a  qualified 
vo-er:     Provided,  That  a  husband  and  wife  who  own  property 
jointly  and  which   is  assessed   for  school   taxes  in  the  school 
diMrict  may,  if  otherwise  qualified,  vote  upon  the  question  of 

I  sing  money. 
,m.  1917,  Act  304. 


Ballot, 
form  of. 


Proviso, 

nomination 

petition. 


Election 
inspectors. 


Duty  of 

township 

clerk. 


Qualification 
of  electors. 


Voting  taxes. 


)8)     §  5912.    SEC.  4.    The  annual  meeting  of  said  town- 
district  shall  occur  on  the  second  Monday  of  July  in  each 


Proviso,  hus- 
band and 
wife. 


Annual 
meeting. 


130 


STATE  OF  MICHIGAN. 


Polls, 

opening  and 
closing. 


Challenge 
of  voter. 


year  at  the  usual  place  of  holding  the  township  meeting,  and 
Notice  by  the  school  year  shall  commence  on  that  day.  It  shall  be  the 
duty  of  the  secretary  of  the  board  to  give  notice  of  all  annual 
meetings  and  of  any  special  meetings  of  said  district  by  post- 
ing a  written  or  printed  notice  thereof  in  at  least  five  con- 
spicuous places  in  said  township,  and  one  notice  on  each 
school  building,  at  least  five  days  prior  to  said  meeting.  The 
notice  of  any  annual  or  special  meeting  shall  state  the  pur- 
pose of  the  meeting,  the  place,  date  and  hour  of  holding  the 
same.  The  notice  of  the  annual  meeting  shall  specify  that 
during  the  last  two  hours,  or  between  three  and  five  o'clock, 
the  general  business  of  the  district  as  to  voting  taxes  will 
take  place.  In  case  the  president  or  secretary  of  the  board  of 
education  shall  be  absent,  the  voters  present  may  appoint  a 
temporary  president  or  secretary.  At  the  first  school  meet- 
ing, and  at  all  succeeding  annual  meetings  the  polls  shall 
open  at  ten  o'clock  a.  m.  and  be  kept  open  seven  consecutive 
hours,  and  the  election  shall  be  conducted  in  a  similar  manner 
to  the  one  in  which  township  officers  are  elected,  and  at  the 
hour  of  closing  the  chairman  of  the  board  of  election  shall 
declare  the  polls  closed,  and  the  board  shall  immediately  pro- 
ceed to  canvass  and  announce  the  result  of  the  vote. 

(299)  §  5913.  SEC.  5.  If  any  person  offering  to  vote  at  a 
township  school  district  meeting  shall  be  challenged  as 
unqualified  by  any  legal  voter  in  such  district  or  by  the  pre- 
siding officer,  the  chairman  presiding  at  such  meeting  shall 
declare  to  the  person  challenged  the  qualifications  of  a  voter ; 
and  if  such  person  shall  state  that  he  is  qualified  and  the  chal- 
lenge is  not  withdrawn,  the  chairman  shall  tender  to  him  an 
oath,  in  substance  as  follows :  "You  do  swear  (or  affirm)  that 
you  are  a  citizen  of  the  United  States,  that  you  have  been  for 
the  last  three  months  an  actual  resident  of  this  school  district, 
or  residing  upon  territory  now  attached  to  this  school  dis- 
trict, and  that  you  own  property  assessed  for  school  taxes 
therein ;"  and  every  person  taking  this  oath  shall  be  per- 
mitted to  vote  upon  all  questions  proposed  at  such  meetings, 
or  he  may  take  the  following  oath,  to-wit:  "You  do  swear 
(or  affirm)  that  you  are  a  citizen. of  the  United  States,  that 
you  have  been  for  the  last  three  months  an  actual  resident 
of  this  school  district,  or  residing  upon  territory  now  attached 
to  this  school  district,  and  that  you  are  the  parent  or  legal 
guardian  of  one  or  more  children  now  included  in  the  school 
census  of  the  district;"  and  he  may  vote  upon  all  questions 
which  do  not  directly  involve  the  raising  of  money  by  tax. 
If  any  person  so  challenged  shall  refuse  to  take  such  oath  his 
vote  shall  be  rejected ;  and  any  person  who  shall  wilfully  take 
a  false  oath  or  make  a  false  affirmation  under  the  provisions 
of  this  section,  shall  be  deemed  guilty  of  perjury.  When  any 
question  is  taken  any  other  way  than  by  ballot,  a  challenge 
immediate!  v  after  the  vote  has  been  taken  shall  be  deemed  to 


Form  of  oath. 


False 
swearing. 


GENERAL  SCHOOL  LAWS. 


I)  made  when  offering  the  vote,  and  treated  in  the  same 
anner. 

(300)  §  5914.     SEC.  6.     Within  five  days  after  the  first 
e  ection  under  this  act  the  township  clerk  shall  notify  in  writ- 
i   £  the  persons  elected  as  trustees  of  their  election,  and 
v,  ithin  five  days  thereafter  said  trustees  so  elected  shall  file 
v  ith  the  township  clerk  a  written  acceptance  of  the  office, 
a  :companied  by  an  affidavit  properly  acknowledged  that  such 
p  Tson  is  a  qualified  voter  on  school  questions,  that  his  name 
a  >pears  on  the  assessment  roll  of  the  township  for  school 
t  xes,  and  that  he  is  the  owner  in  his  own  right  of  the  prop- 
e  ty  in  fee,  by  contract  or  homestead  right,  so  assessed,  and 
8  ich  acceptances  and  affidavits  shall  be  filed  by  the  township 
c  erk  in  his  office.    All  persons  elected  as  trustees  of  the  town- 
s  lip  school  district  after  said  first  election  shall  file  such  writ- 
t  n  acceptances  and  affidavits  with  the  secretary  of  the  board 

0  !  education  and  they  shall  be  made  a  part  of  the  records  of 
t  le  district. 

(301)  §  5915.    SEC.  7.    The  members  of  the  board  of  edu- 
c  ition  shall  meet  on  the  fourth  Monday  of  July  following 
t  le  first  election  under  this  act,  and  at  such  meeting  the 
t  -ustee  whose  term  of  office  first  expires  shall  be  temporary 
c  mirman,  and  at  this  meeting  the  trustees  shall  elect  from 
-t  leir  number  a  president,  a  secretary  and  a  treasurer,  who 
s  mil  severally  serve  in  such  capacity  during  his  term  of  office 
a  ad  until  his  successor  shall  have  been  duly  elected  and  quali- 
fied.     Immediately  upon  the  organization  of  the  board  the 
secretary  shall  notify  the  county  school  commissioner  and  the 
s  iperintendent  of  public  instruction,  giving  the  name  and 
postoffice  address  of  each  officer.    A  majority  of  the  members 

01  the  board  shall  constitute  a  quorum,  and  the  board  shall 
hold  two  regular  meetings  in  each  year,  one  on  the  fourth 
Monday  of  February  and  one  on  the  Saturday  preceding  the 
second  Monday  in  July,  and  no  notice  of  such  meetings  shall 
be  required.    The  trustees  shall  be  allowed  compensation  for 
not  to  exceed  four  special  meetings  which  may  be  called  by 
tie  president  and  secretary,  and  the  secretary  shall  give  at 
least  twenty-four  hours'  written  notice  to  each  member  of  the 
board :    Provided,  That  the  provisions  hereof  with  reference 
t )  number  of  meetings  of  board  and  compensation  of  trustees 
shall  not  apply  to  school  districts  having  a  school  population 
of  more  than  three  hundred.    All  business  which  the  board  of 
education  is  authorized  to  perform  shall  be  done  at  a  meeting 

If  said  board,  and  no  act  shall  be  valid  unless  voted  at  a  meet- 
i«:  of  the  board  by  an  nllirmutive  vote  of  a  majority  thereof 
nd  a  proper  record  made  of  such  vote.  The  minutes  of  all 
chool  meetings  and  board  meetings  must  he  signed  by  the 
secretary. 

Am.     1917,   Act   314. 


131 


Township 
clerk  to 
notify 
persons 
elected,  etc. 


Acceptances, 
where  filed. 


Meeting  of 
board, 
officers,  etc. 


Quorum, 

regular 

meeting. 


Special 

meetings, 

compensation. 


Proviso, 
when  not 
applicable. 


132 


STATE  OF  MICHIGAN. 


Office,  when 

deemed 

vacant. 


Fill 
vacancies. 


Purchase 
school  sites. 


Proviso. 


Vote  taxes 
for  wages,  etc. 


(302)     §  5916.  SEC.  8.  A  school  district  office  shall  become 
vacant  immediately  upon  any  of  the  following  events : 

First,  The  death  of  the  incumbent ; 

Second,  His  resignation ; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal ; 

Seventh,  His  neglect  to  file  his  acceptance  of  office  or  to 
give  or  renew  any  official  bond  according  to  law; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  district ; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure  of 
the  district  to  elect  a  successor  at  the  annual  meeting. 

(303)     §  5917.    SEC.  9.    The  board  of  education  shall  have 
the  following  powers  and  duties: 

(a)  To  fill  any  vacancies  that  may  occur  in  the  office  of 
trustee  until  the  next  annual  meeting,  and  the  person  or  per- 
sons so  appointed  shall  file  his  acceptance  and  affidavit  as 
hereinbefore  provided ; 

(b)  To  purchase  or  lease  in  the  name  of  the  district  such 
site  or  sites  for  schoolhouses  as  may  be  necessary,  out  of  the 
fund  provided  for  that  purpose,  and  make  sale  of  any  site  or 
other  property  of  the  district  when  lawfully  directed  to  do 
so  by  the  qualified  voters :     Provided,  That  the  board  shall 
not  build  a  stone  or  brick  schoolhouse  upon  any  site  without 
having  first  obtained  a  title  in  fee  to  the  same  or  a  lease  for 
at  least  ninety-nine  years,  nor  shall  a  frame  schoolhouse  be 
erected  on  any  site  for  which  the  board  has  not  secured  a 
title  in  fee  or  a  lease  for  at  least  fifty  years,  and  in  all  cases 
where  school  sites  are  leased  the  board  shall  reserve  the  privi- 
lege of  removing  the  school  property  from  the  site  on  the 
expiration  of  the  lease ; 

(c)  To  estimate  the  amount  of  money  necessary  to  be 
raised  for  buildings  and  sites  and  report  same  to  the  voters 
at  the  annual  meeting; 

(d)  To   vote   the  taxes   necessary  in   addition   to   other 
school  funds  for  teachers'  wages  which  shall  be  accounted  for 
under  the  title  of  "general  fund;"  and  if  no  high  school  be 
established,  to  vote  such  taxes  as  may  be  necessary  to  pay  the 
tuition  of  any  and  all  children  of  high  school  age  resident  in 
such  township,  to  high  schools  already  established,  and  to 
vote  such  taxes  as  may  be  necessary  for  the  regular  running 
expenses  of  the  school,  which  shall  include  school  furnishings 
and   all   appendages,   library,   the   care  of  school  property, 
record  books  and  blanks,  and  all  apparatus  and   material 
which  may  be  necessary  in  order  that  the  schools  may  be  prop- 
erly managed  and  maintained,  and  such  taxes  wrhen  collected 
and  received  by  the  treasurer  of  the  board  shall  be  accounted 
for  under  the  title  "general  fund."    All  moneys  received  from 
penal  fines  for  library  purposes  and  all  moneys  received  for 


GENERAL  SCHOOL  LAWS. 


133 


Proviso. 


Taxes  levied. 


School 
moneys, 
uses,  etc. 


uildings  and  sites  shall  be  kept  in  separate  accounts  under 
l  roper  title:  Provided,  That  when  the  district  or  the  board 

as  voted  n  tax  for  any  legal  purpose  and  the  money  is  needed 
i  efore  the  tax  can  be  levied  and  collected  the  board  may 
1  orrow  on  the  warrant  of  the  district  a  sum  not  to  exceed  the 
.  mount  of  tax  voted  for  such  purpose; 

(e)  Between  the  second  Monday  of  July  and  the  first 
londay  of  August  in  each  year,  to  make  out  and  deliver  to 
he  township  clerk  a  report  in  writing,  signed  by  the  presi- 
lent  and  secretary,  of  all  taxes  for  school  purposes  voted  by 
he  district  and  by  the  district  board,  to  be  levied  on  the  tax- 
ible  property  of  the  district ; 

(f)  To  apply  and  pay  over  all  school  moneys  belonging 
o  the  district  in  accordance  with  the  provisions  of  the  law 
•egulating  the  same,  and  no. money  raised  by  tax  shall  be 
ised  for  any  other  purpose  than  that  for  which  it  was  raised 
vithout  the  consent  of  a  majority  of  the  taxpaying  voters 
>f  the  district  present  at  an  annual  meeting  or  a  special  meet- 
ng,  and  no  moneys  received  from  the  primary  school  interest 
fund  shall  be  appropriated  to  any  other  use  than  the  pay- 
nent  of  teachers'  wages,  except  as  hereinafter  provided,  and 
QO  money  received  for  teachers'  wages  shall  be  paid  to  any 
person  who  is  not  the  holder  of  a  proper  certificate  of  qualifi- 
cation authorizing  him  to  teach,  and  granted  to  said  person 
before  the  commencement  of  his  school.    The  board  shall  not 
apply  any  moneys  received  by  it  from  any  source  for  the  sup- 
port or  maintenance  of  any  school  of  a  sectarian  character, 
whether  the  same  be  under  the  control  of  any  religious  society 
or  made  sectarian  by  the  school  board ; 

(g)  To  have  the  care  and  custody  of  all  school  property 
and  to  provide  suitable  school  privileges  and  sanitary  condi- 
tions for  all  schools,  a  suitable  water  supply  and  all  record 
books  and  blanks; 

(h)  To  specify  the  studies  to  be  pursued  in  the  schools  of 
the  district  and  adopt  a  suitable  course  of  study  for  said 
schools ; 

(i)  To  select  and  adopt  suitable  text-books  for  use  in  the 
schools,  and  the  secretary  shall  make  a  record  of  such  adop- 
tion. Text-books  once  adopted  under  the  provisions  of  this 
act  shall  not  be  changed  within  five  years  except  by  the  con- 
sent of  a  majority  of  the  qualified  voters  of  the  district  present 
at  any  annual  or  special  meeting:  Provided,  That  in  the 
adoption  of  text-books  the  board  shall  provide  for  instruction 
in  the  subject  of  physiology  and  hygiene  with  special  refer- 
ence to  the  nature  of  alcohol  and  narcotics  and  their  effects 
upon  the  human  system,  and  sanitary  science.  Text-books 
adopted  in  this  subject  shall  give  at  least  one-fourth  of  their 
space  to  the  consideration  of  such  subjects,  and  for  the  high 
schools  such  books  shall  contain  at  least  twenty  pages  of  such 
matter,  and  the  instruction  in  this  subject  shall  be  given  in 
uch  manner  and  at  such  times  as  may  be  suited  to  the  grade 


Custody  of 

school 

property. 


Text-books, 
adoption  of, 
etc. 


134 


STATE  OF  MICHIGAN. 


Regulation 
of  schools. 


Suspension 
etc. 


Non-resident 
pupils. 


of  the  pupils.  The  text-books  used  in  giving  such  instruction 
shall  first  be  approved  by  the  state  board  of  education.  Each 
teacher  or  superintendent  shall  report  to  the  board  of  educa- 
tion at  the  close  of  each  term  or  year  in  regard  to  the  quantity 
and  character  of  such  special  instruction  in  the  subject  of 
alcohol  and  narcotics,  and  the  secretary  of  the  board  shall 
certify  to  the  superintendent  of  public  instruction  that  such 
instruction  has  been  given; 

(j)  To  have  the  general  care  of  the  schools  of  the  district 
and  make  and  enforce  suitable  rules  and  regulations  for  the 
general  management  of  the  schools  and  for  the  preservation 
of  the  property  of  the  district,  and  to  purchase  at  the  expense 
of  the  district  such  text-books  as  may  be  necessary  for  the  use 
of  children  whose  parents  are  not  able  to  furnish  same.  The 
board  may  authorize  or  order  the  suspension  or  expulsion 
from  school  of  any  pupil  guilty  of  gross  misdemeanor  or  per- 
sistent disobedience,  or  one  having  habits  or  bodily  conditions 
detrimental  to  the  school,  whenever  in  its  judgment  the  inter- 
ests of  the  school  may  demand  it ; 

(k)  The  board  may  admit  to  the  schools  of  the  township 
any  non-resident  pupils  and  determine  the  rate  of  tuition  of 
such  pupils  and  collect  same.  Children  who  are  being  cared 
for  at  county  expense  shall  be  admitted  to  the  school  in  the 
township  which  is  nearest  the  county  house  or  in  which  the 
county  house  may  be  located,  on  the  same  terms  that  non- 
resident pupils  are  admitted.  When  non-resident  pupils,  their 
parents  or  guardians,  pay  a  school  tax  in  said  district  such 
children  shall  be  admitted  to  the  schools  of  the  district,  and 
the  amount  of  such  school  tax  shall  be  credited  on  their  tui- 
tion in  a  sum  not  to  exceed  the  amount  of  such  tuition; 
school  census.  (1)  To  make  rules  relative  to  the  taking  of  census  of  all 
children  resident  in  said  township  district  five  years  of  age 
and  under  twenty  years,  and  to  make  all  necessary  reports 
and  transmit  the  same  to  the  proper  officers  as  designated 
by  law  so  that  the  district  may  be  entitled  to  its  proportion 
of  the  primary  school  fund ; 

(m)  To  fix  the  length  of  time  school  shall  be  kept  in  all 
the  schools  of  the  township,  which  shall  be  the  same  for  all 
schools  and  not  less  than  five  months  in  each  year :  Provided, 
That  all  persons,  residents  of  any  township  school  district 
and  five  years  of  age,  shall  have  an  equal  right  to  attend  any 
school  therein,  and  no  separate  school  or  department  shall  be 
kept  for  any  person  on  account  of  race  or  color:  Provided 
further,  That  this  shall  not  be  construed  to  prevent  the  class- 
ifying and  grading  of  the  schools  according  to  the  intellectual 
progress  of  the  pupils,  such  grades. to  be  taught  in  such  sep- 
arate places  as  may  be  deemed  expedient; 

(n)  To  establish  and  maintain  a  district  library  and  pro- 
vide for  its  care  and  management ; 

(o)  To  establish  and  maintain  a  high  school  or  high 
schools  for  the  township  and  determine  the  qualifications  for 


Proviso. 


Further 
proviso. 


GENERAL  SCHOOL  LAWS. 


135 


imission  thereto :  Provided,  That  if  a  township  high  school 
e  not  maintained  the  board  of  education  shall  pay  out  of 
inds  hereinbefore  provided  for,  the  tuition  of  any  and  all 

•  lildren  of  high  school  age  who  desire  to  attend  high  schools 
i  i  the  same  township  or  in  adjoining  townships:     Provided 
1  irther,  That  if  in  such  township  or  adjoining  townships 

icre  be  no  established  high  school  then  the  tuition  of  such 

•  hildren  shall  be  paid  in  such  high  school  as  shall  be  desig- 
i  ated  by  such  township  board  of  education ; 

(p)  To  authorize  the  secretary  to  purchase  and  provide 
uch  incidental  apparatus  and  material  as  may  be  deemed 
dvisable  for  the  schools,  and  to  audit  and  order  the  payment 
f  all  accounts  for  such  expenses  and  material; 

(q)  To  employ  a  superintendent  of  schools  for  the  town- 
hip,  when  the  same  is  authorized  by  a  vote  of  the  electors 
hereof,  and  to  employ  such  other  officers  and  servants  as 
nay  be  necessary  for  the  management  of  the  schools  and 
chool  property,  and  to  prescribe  their  duties  and  fix  their 
ompensation.  The  superintendent  of  schools  herein  provided 
or  shall  be  the  holder  of  at  least  a  state  life  certificate  or  a 
lormal  school  diploma,  or  he  shall  have  educational  qualifica- 
ions  equivalent  thereto  and  shall  be  the  holder  of  a  diploma 
rom  a  college  or  university  of  recognized  standing,  and  he 
;hall  have  the  following  duties : 

First,  To  recommend  in  writing  all  teachers  necessary  for 
he  schools,  and  to  suspend  any  teacher  for  cause,  until  the 
x>ard  of  education  or  a  committee  of  such  board  may  con- 
sider such  suspension ; 

Second,  To  classify  and  control  the  promotion  of  pupils ; 
Third,  To  recommend  to  the  board  the  best  methods  of 
arranging  the  course  of  study  and  the  proper  text-books  to  be 
used; 

Fourth,  To  make  reports  in  writing  to  the  board  of  educa- 
tion and  to  the  superintendent  of  public  instruction  annually 
or  oftener  if  required; 

Fifth,  To  supervise  and  direct  the  work  of  the  teachers; 
Sixth,  To  assist  the  board  in  all  matters  pertaining  to  the 
general  wolf  a  re  of  tho  school,  and   to  porform   such  other 
duties  as  tho  board  may  determine; 

(r)  To  hire  and  contract  with  such  locally  qualified  teach- 
ers as  may  bo  required,  and  all  contracts  shall  be  in  writing 
and  signed  by  a  majority  of  the  board  in  behalf  of  the  dis- 
trict. Said  contracts  shall  specify  the  wages  agreed  upon 
and  roqiiiro  fho  teachers  to  keep  a  correct  record  of  all  school 
work,  the  number  of  pupils,  tho  classification  and  grading, 
tho  a.i^ivLMto  and  average  attendance  and  the  percentage  of 
attendance,  and  to  furnish  the  secretary  with  a  correct  copy 
of  the  same  at  the  close  of  school.  The  contracts  shall  also 
require  the  board  to  provide  all  proper  material  and  keep 
the  school  property  in  proper  and  sanitary  condition.  The 
contract  shall  be  filed  with  the  secretary  and  a  duplicate  fur- 


Proviso. 


Further 
proviso. 


Purchase  of 
apparatus. 


Superinten- 
dent, employ- 
ing of. 


Qualifica- 
tions. 


Duties. 


Teachers, 
employing  of, 
contracts,  etc. 


Filing  of 
contracts. 


I 


136 


STATE   OF   MICHIGAN. 


Proviso. 


President 
of  board. 


To  preside. 


Countersign 
orders. 


nished  the  teacher.  A  contract  with  a  person  not  holding 
a  legal  certificate  of  qualification  shall  be  invalid  and  all  con- 
tracts shall  terminate  if  the  certificate  of  the  teacher  shall 
expire  by  limitation  within  its  term,  or  if  the  certificate  be 
suspended  or  revoked  by  proper  authority:  Provided,  That 
in  case  of  illness  of  the  teacher  or  when  a  legally  qualified 
teacher  cannot  be  found  by  the  board  or  by  the  commissioner 
of  schools,  a  person  otherwise  qualified  but  not  holding  a 
certificate  may  be  employed  tempprarily  as  a  supply,  and 
such  supply  service  shall  be  paid  for  from  the  general  fund. 
A  school  month  within  the  meaning  of  the  school  laws  shall 
consist  of  four  weeks  of  five  days  in  each  week ; 

(s)  And  to  do  all  things  needful  and  necessary  for  the 
maintenance,  prosperity,  and  success  of  the  schools  of  the  dis- 
trict and  the  promotion  of  the  thorough  education  of  the 
children  thereof. 

(304)  §  5918.  SEC.  10.  It  shall  be  the  duty  of  the  presi- 
dent of  the  board : 

First,  To  preside  at  all  meetings  of  the  district  and  of  the 
board ; 

Second,  To  countersign  all  orders  legally  drawn  by  the 
secretary  upon  the  treasurer  for  moneys  to  be  disbursed  by 
the  district,  and  all  warrants  of  the  secretary  upon  the  town- 
ship treasurer  for  moneys  raised  for  district  purposes  or 
apportioned  to  the  district  by  the  township  clerk  or  other 
officer ; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  preserve  order  in  all  meetings  of  the  district, 
and  he  may  arrest  or  order  the  arrest  of  any  person  or  per- 
sons who  shall  conduct  himself  or  themselves  in  a  disorderly 
manner,  or  who  shall  disturb  such  meeting  by  rude  or  inde- 
cent behavior,  or  by  profane  or  indecent  discourse  or  in  any 
other  way  make  such  disturbance,  and  such  person  shall,  on 
conviction  thereof  in  a  court  of  competent  jurisdiction,  be 
punished  by  a  fine  of  not  less  than  two  dollars  nor  more  than 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing thirty  days.  Any  justice  of  the  peace,  recorder  or  police 
justice  of  the  county  where  such  offense  shall  be  committed 
shall  have  jurisdiction  to  try  and  determine  the  same ; 

Fifth,  He  may  make  complaint  before  a  justice  of  the  peace 
against  any  person  who  shall  disturb  any  school  in  the  town- 
ship by  rude  and  indecent  behavior  or  by  profane  and  inde- 
cent discourse  or  in  any  other  way  make  such  disturbance, 
and  such  person  shall  on  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  two  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days ; 

Sixth,  To  perform  the  duties  required  of  the  superintendent, 
where  such  superintendent  is  not  appointed,  and  such  other 


Prosecute 
action. 


Meetings, 
disturbance 
of,  etc. 


Penalty. 


Jurisdiction. 


Complaint  for 
disturbance. 


Other  duties. 


GENERAL  SCHOOL  LAWS. 


137 


Secretary, 
duties. 

Clerk  of 
board. 


Record  of 
proceedings. 


Notice  of 
meetings. 

Proviso. 


Further 
proviso. 


Warrants, 
orders,    etc. 


duties  as  may  be  appropriate  to  his  office  in  the  management 
of  the  schools  as  the  board  shall  determine. 

(305)  §  5919.  SEC.  11.  It  shall  be  the  duty  of  the  secre- 
tary of  each  board  of  education: 

First,  To  act  as  clerk  at  all  meetings  of  the  district  and  of 
the  board ; 

Second,  To  record  the  proceedings  of  all  district  meetings 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other 
proceedings  of  the  board  in  proper  record  books  and  sign  the 
same; 

Third,  To  give  the  prescribed  notice  of  the  annual  meeting 
and  of  any  special  meetings  of  the  district  which  the  board 
may  call :  Provided,  That  the  notice  of  all  annual  and  special 
meetings  shall  be  properly  posted  in  at  least  five  public  places 
in  the  township  and  one  on  each  school  building  not  less  than 
five  days  prior  to  such  meeting:  Provided  further,  That  on 
the  petition  of  at  least  one-tenth  and  not  less  than  twenty-five 
of  the  qualified  voters  of  the  township  district  presented  to 
the  secretary  or  president  for  the  purpose  of  calling  a  special 
school  meeting,  the  secretary  shall  give  the  notice  as  herein- 
before provided; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes  or  appor- 
tioned to  the  district  by  the  township  clerk  or  other  officer 
and  payable  to  the  treasurer  of  the  district,  and  orders  upon 
the  district  treasurer  for  all  moneys  to  be  disbursed  by  the 
district,  and  present  such  warrants  or  orders  to  the  president 
to  be  countersigned  by  that  officer.  Each  warrant  and  order 
shall  be  properly  numbered  and  dated,  and  each  warrant 
shall  specify  the  sources  of  the  funds  called  for,  and  each 
order  the  purpose  for  which  and  the  fund  upon  which  it  is 
drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  super- 
intendents or  other  employes,  when  directed  by  the  district 
board,  and  present  such  contracts  to  the  other  members  of 
the  board  for  further  signature; 

Sixth,  To  purchase  the  necessary  appendages  and  inci- 
dentals for  school  use  as  hereinbefore  provided,  and  to  see 
that  such  apparatus  and  material  is  kept  in  good  repair  at 
all  times ; 

Seventh,  To  keep  an  accurate  account  of  all  expenses 
incurred  by  him  as  secretary,  such  accounts  to  be  presented 
to  and  audited  by  the  board,  and  on  its  written  order  paid 
out  of  the  appropriate  fund; 

Kighth.  At  the  regular  meeting  of  the  board  in  the  month 
of  June,  to  present  an  estimate  of  the  expenses  necessary 
to  be  incurred  during  the  ensuing  year,  and  an  estimate  of 
the  amount  of  money  necessary  for  buildings,  sites  or  repairs. 
and  upon  these  estimates  the  board  shall  act  and  fix  the 
amount  to  be  presented  to  the  people  at  the  annual  meeting; 
and  the  board  shall  vote  the  several  amounts  for  taxes  to  be 


Numbering. 


Sign 
contracts. 


Purchase 
apparatus. 


Accounts, 
payment, 
etc. 


Estimates, 
uht'M  and 
to  whom 
presented. 


138 


STATE  OF  MICHIGAN. 


Annual 
report, 
what  to 
contain,  etc. 


levied  for  teachers'  wages  and  the  general  running  expenses 
of  the  school  as  hereinbefore  provided ; 

File  Ninth,  To  preserve  and  file  copies  of  all  reports  to  the 

township  clerk  or  county  clerk  and  the  superintendent  of 
public  instruction,  and  to  preserve  and  keep  all  books,  papers, 
records  and  other  documents  belonging  to  the  office  of  secre- 
tary or  to  the  district  when  not  otherwise  provided  for,  and  to 
deliver  the  same  to  his  successor  in  office; 

Tenth,  The  secretary  shall,  at  the  end  of  the  school  year 
and  previous  to  the  second  Monday  in  July,  prepare  an  annual 
report  of  the  school  district,  said  report  to  contain : 

(1)  The  whole  number  of  children  belonging  to  the  dis- 
trict five  years  of  age  and  under  twenty,  according  to  the 
school  census  of  said  district; 

(2)  The  number  attending  school  during  the  year ; 

(3)  The  number  of  non-resident  pupils  attending  during 
the  year; 

(4)  The  whole  number  that  have  attended  school  during 
the  year; 

(5)  The  length  of  time  school  has  been  taught,  the  name 
of  each  teacher  and  the  length  of  time  taught  by  each  and 
the  wages  paid  to  each; 

(6)  The  average  attendance  and  the  percentage  of  attend- 
ance of  pupils  during  the  year; 

(7)  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk ; 

(8)  The  amount  of  money  raised  by  the  district  and  the 
purposes  for  which  it  was  raised,  the  amount  of  primary  and 
library   money   and    the    amount    received    from    all   other 
sources ; 

(9)  The  text-books  used  in  the  school; 

(10)  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent 
of  public  instruction  shall  direct.    Said  report  shall  be  in 
such  form  ^as  said  superintendent  may  prepare  and  direct. 
In  all  township  districts  one  copy  of  said  report  shall  be 
filed  with  the  township  clerk  on  or  before  the  first  Monday 
of  August  in  each  year,  and  the  other  two,  together  with  all 
others,   forwarded  immediately  after   the  first   Monday   in 
August  to  the  county  commissioner  of  -schools ; 

(11)  To  perform  .such  other  duties  as  are  or  shall  be 
required  by  law  or  by  the  board  of  education. 

(306)  §  5920.  SEC.  12.  It  shall  be  the  duty  of  the  treas- 
urer of  the  board  of  education : 

First,  Within  ten  days  after  his  election  or  appointment 
to  execute  to  the  district  and  file  with  the*  secretary  of  the 
board  a  bond  in  the  full  amount  of  money  to  come  into  his 
hands  during  each  year  as  such  treasurer,  as  near  as  the 
same  can  be  ascertained,  with  two  or  more  sufficient  sureties, 
each  of  whom  shall  justify  under  oath  and  before  a  proper 
officer,  to  the  amount  for  which  he  is  held  in  the  bond,  and 


Other 

statistics. 

Form  of  re- 
port, filing 
of,  etc. 


Treasurer, 
duties. 

To   file  bond, 
sureties. 


GENERAL  SCHOOL  LAWS. 


Iie  sum  of  such  amounts  shall  be  equal  to  the  full  amount  of 
ic  bond ;  or  the  treasurer  may  provide,  at  the  expense  of  the 
<  istrict,  a  similar  bond  of  some  surety  company  authorized 
i  )  do  business  in  this  state,  said  bond  to  be  approved  by  the 
!  resident  and  secretary  of  the  board,  conditioned  for  the 
lithful  performance  of  his  duties  under  this  act  and  hon- 
«  stly  accounting  for  all  moneys  coming  into  his  hands  belong- 
ig  to  said  district  according  to  the  general  accounting  laws 
f  the  state.  Said  bond  when  approved  shall  be  filed  with 
he  secretary  of  the  board,  and  none  of  the  books,  money  or 
>roperty  of  the  district  shall  be  placed  in  the  hands  of  the 
reasurer  until  such  bond  has  been  so  filed  and  approved: 
'rovided.  That  if  for  any  unforeseen  reason  a  larger  sum  of 
noney  should  become  due  the  district  than  the  bond  would 
!over,  the  treasurer  shall  increase  the  bond  to  the  proper 
imount  before  such  money  comes  into  his  hands.  In  case  of 
my  breach  of  the  conditions  of  said  bond  the  president  shall 
:ause  suit  to  be  commenced  thereon  in  the  name  of  the  dis- 
trict, and  any  moneys  collected  thereon  shall  be  paid  into  the 
township  treasury,  subject  to  the  order  of  the  district,  and 
such  moneys  shall  be  applied  to  the  same  purposes  as  the 
money  lost  should  have  been  applied  by  the  treasurer; 

Second,  The  treasurer  shall  have  the  care  and  custody  of 
all  the  moneys  of  the  district  coming  into  his  hands,  and  he 
shall  not  loan  the  same,  nor  use  the  same  for  his  own  pur- 
poses, nor  permit  other  private  individuals  or  corporations 
to  use  the  same  except  as  provided  by  law,  nor  shall  he  mix 
such  money  with  his  own  money,  but  he  shall  keep  it  separate 
and  apart  from  all  other  funds; 

Third,  Be  may.  with  the  consent  of  the  board  of  education, 
deposit  school  moneys  with  any  bank  or  banking  corporation 
or  trust  company  for  safe-keeping,  and  require  such  bank  or 
company  to  pay  interest  thereon.  Such  deposit  shall  be  made 
in  his  name  as  treasurer  of  the  district,  and  such  interest 
shall  be  accounted  for  to  the  district  and  become  a  part  of 
the  general  fund  of  said  district :  Provided,  That  any  deposit 
of  such  funds  shall  not  be  privileged,  but  shall  be  open  to 
inspection  of  any  trustee  of  the  district  or  any  person  author- 
ized to  audit  school  accounts ; 

Fourth,  To  pay  all  orders  of  the  secretary  when  lawfully 
drawn  and  countersigned  by  the  president,  out  of  any  moneys 
in  his  hands  belonging  to  the  fund  upon  which  such  orders 
may  be  drawn ; 

Fifth,  To  keep  a  book  in  which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  person  to  whom  and  the  objects 
for  which  the  same  have  been  paid ; 

Sixth,  To  present  to  the  district  board  and  to  the  district 
at  the  close  of  the  school  year  a  report  in  writing  containing 
a  statement  of  all  moneys  received  during  the  preceding  year 

Vd  of  each  item   of  disbursement  made,  and   exhibit  the 
• 


139 


Surety 
company. 


Where  filed. 


Proviso, 
increase 
of  bond. 


When  suit 
commenced 


Custody  of 
moneys. 


Deposits, 
interest,  etc. 


Proviso, 
inspection, 


Pay  orders. 


Keep  book  of 
accounts,  etc. 


Annual 
reports. 


140 


STATE   OF   MICHIGAN. 


Appear  for 
district 
in  suits. 


Deliver 
books,  etc. 


Other  duties. 


Annual 
meeting. 


Time. 


Taxes. 


Proviso. 


Further 
proviso. 


vouchers  therefor,  and  said  vouchers  shall  be  filed  in  his  office 
permanently ; 

Seventh,  To  appear  for  and  on  behalf  of  the  district  in  all 
suits  brought  by  or  against  the  same,  when  no  other  direc- 
tions shall  be  given  by  the  qualified  voters  in  a  district  meet- 
ing, except  in  suits  in  which  he  is  interested  adversely  to  the 
district,  and  in  all  such  cases  the  president  shall  appear  for 
the  district ; 

Eighth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  to  deliver  to  his  successor  in  office  all 
books,  vouchers,  orders,  documents  and  papers  belonging  to 
the  office  of  treasurer,  together  with  all  district  moneys 
remaining  on  hand ; 

Ninth,  To  perform  such  other  duties  as  are  or  shall  be 
required  by  law  of  the  treasurer. 

(307)  §.5921.  SEC.  13.  At  each  annual  school  meeting 
held  in  said  township  district  the  board  of  education  shall 
present  its  estimate  of  the  amount  of  money  needed  to  be 
raised  by  tax  during  the  ensuing  year  for  buildings  and  sites 
and  an  estimate  of  the  amount  for  which  bonds  shall  be  issued 
if  needed.  This  estimate  shall  be  presented  by  the  board  and 
considered  by  the  qualified  voters  during  the  last  two  hours 
of  the  time  during  which  the  polls  for  the  election  of  trustees 
are  to  be  open,  or  between  the  hours  of  three  and  five  o'clock 
p.  m.  The  qualified  voters  on  the  question  of  voting  taxes 
present  at  that  time  shall  determine  the  amount  of  money  to 
be  raised  by  tax  for  these  purposes,  and  they  may  direct  that 
the  vote  shall  be  taken  by  ballot  or  in  any  other  way  which 
shall  be  deemed  best.  The  people  shall  have  authority  to 
increase  or  decrease  the  amount  of  the  estimate  submitted  by 
the  board  and  when  such  amounts  have  been  voted  by  a 
majority  of  the  qualified  voters  present  the  secretary  of  the 
board  of  education  shall,  on  or  before  the  first  Monday  of 
August,  certify  to  the  township  clerk  of  the  township  the 
amount  of  such  taxes,  together  with  the  amount  of  all  taxes 
which  the  board  of  education  is  authorized  to  impose,  and 
said  township  clerk  shall  report  the  same  to  the  supervisor 
of  the  township,  and  if  the  township  district  is  a  fractional 
district  said  clerk  shall  report  such  taxes  to  the  clerks  of 
other  townships  in  which  said  district  may  be  in  part  sit- 
uated, and  such  clerks  shall  report  the  amounts  to  their 
respective  supervisors  who  shall  spread  the  same  upon  the 
regular  tax  roll  of  such  township  or  townships  in  the  manner 
provided  for  by  statute,  and  the  same  shall  be  levied,  col- 
lected, and  returned  in  the  same  manner  as  all  township 
taxes :  Provided,  That  if  the  qualified  voters  present  as  afore- 
said do  not  or  can  not  determine  the  amount  of  money  to  be 
raised  by  tax  for  the  purposes  specified,  the  board  of  educa- 
tion shall  determine  the  same :  Provided  further,  That  spe- 
cial meetings  of  the  district  may  be  called  to  vote  on  the  ques- 
tion of  bonding  the  district  for  any  of  the  purposes  men- 


<;I;M:I;AL  SCHOOL  LAWS. 


141 


t:  >ned.     Such  vote  shall  be  by  ballot  and  a  majority  of  the 
v-  tes  cast  shall  bo  necessary  to  carry  the  question.    The  form 

0  ballot  shall   be:     -For  bonding  the  township  district  for 

$   Yes,"'  "For  bonding  the  township  district  for 

f    No."    On  the  quest  ion  of  bonding,  the  board  of 

(   iucatioii  shall  act  as  an  election  board  and  cause  a  poll  list 
t  >  be  kept   and   a   suitable  ballot  box   used,  and  conduct  the 
(  ection  and  canvass  the  votes  in  the  same  manner  as  a  regu- 
I.r  school  election.    When  bonds  have  been  voted  the  board 
}>  mil  proceed  to  issue  and  sell  the  bonds  and  fix  the  rate  of 

1  iterest  and  term  of  payments  thereon.     The  period  of  any 
t  zhool  bonds  shall  not  exceed  fifteen  years :    Provided,  That 

hen  any  money  shall  have  been  borrowed  by  any  township 
;  chool  district  upon  the  bonds  of  said  district  the  qualified 
oters  of  such  district  shall  have  power  at  any  annual  or 
pecial  meeting  to  impose  a  tax  on  the  taxable  property  in 
uch  district  for  the  purpose  of  paying  the  principal  or  any 
>art  thereof  and  the  interest  thereon,  to  be  levied  and  col- 
ected  as  other  school  district  taxes  are  levied  and  collected. 

(308)  §  5922.     SEC.  14.     All  taxes  assessed  within  said 
-ownsh ip  or  township  district  for  school  purposes  shall  be  set 
forth  in  the  assessment  roll  of  the  proper  township  in  a  sep- 
arate column,  apart  and  distinct  from  all  other  township 
taxes. 

(309)  §592::.     Si:c.  15.     The  treasurer  of  the  township 
shall  at  any  time,  on  the  written  request  of  the  board  of  educa- 
tion, report  to  said  board  the  amount  of  school  money  in  his 
ha  mis  and  shall,  on  the  order  of  the  secretary  of  the  board 
countersigned  by  the  president,  pay  to  the  treasurer  of  the 
boavd  ;ill  or  any  of  such  moneys.    The  treasurer  of  the  town- 
ship shall  collect  from  the  treasurers  of  other  townships  in 
which  the  district  may  be  in  part  located  all  school  moneys 
belonging  to  such  district   on  or  before  March  first  in  each 
year  and  report   the  same  to  the  township  clerk. 

i  .".KM  §  5924.  SKC.  Hi.  The  said  board  of  education  shall 
annually,  on  or  before  its  regular  meeting  in  the  month  of 
. I une.  make  a  detailed  statement  of  the  number  of  schools  in 
said  township  district,  the  number  of  teachers  employed,  the 
number  of  pupils  instructed  therein  during  the  preceding 
year,  the  itemized  expenditures  of  said  board  for  all  purposes, 
the  resources  and  liabilities  of  said  district  and  also  an  esti- 
mate of  the  necessary  expenses  for  the  ensuing  year  exclusive 
of  the  income  from  the  primary  school  interest  fund  and  one 
mill  tax,  which  report  or  statement  shall  be  entered  at 
length  in  the  records  of  said  board  and  shall  be  publicly  read 
by  the  president  of  said  board  or  any  member  of  the  board, 
to  the  voters  of  the  township  at  their  annual  meeting  on  the 
>nd  Monday  of  July. 


Form  of 
ballot. 


Bonds  to 
issue  and  sell. 


Proviso. 


Taxes  in 
separate 
column. 


When  town- 
ship treas- 
urer to  pay 
over  moneys. 


To  collect 
from  other 
treasurers. 


Statement, 
board  to 
make,  ••mi- 
tents,  etc. 


Recording  of. 


142 


STATE   OF  MICHIGAN. 


Free  text- 
books, may 
be  submitted. 


Proviso,  bids. 


To  be  included 
in  budget. 


Further 
proviso. 


Property 
and  debts. 


Tax  not  in- 
validated, etc. 


Compensation 
of  board  and 
officers. 


Board, 
township 
officers 
ineligible. 


(311)  §  5925.     SEC.  17.    The  board  of  education  at  any 
annual  or  special  meeting  may  submit  to  the  voters  of  the  dis- 
trict the  question  of  free  text-books,  and  if  a  majority  of  the 
voters  present  shall  vote  in  favor  of  the  use  of  free  text-books, 
the  said  board  shall  be  authorized  to  proceed  to  make  a  con- 
tract with  some  dealer  or  publisher  to  furnish  the  necessary 
books  used  in  said  district  at  a  price  not  greater  than  the  net 
wholesale  price  of  such  books,  and  to  vote  a  tax  for  such  pur- 
pose:   Provided,  That  the  voters  at  such  meeting  may  direct 
the  board  of  education  to  advertise  for  proposals  and  bids  on 
such  contract.     Annually  thereafter  the  board  of  education 
shall  include  in  its  budget  a  sufficient  amount  to  maintain 
and  provide  the  proper  text-books  for  use  in  schools  and  such 
text-books  shall  be  sold  to  pupils  at  cost  and  furnished  free 
to  such  pupils  as  are  unable  to  buy  them,  and  such  books 
furnished  free  shall  be  the  property  of  the  district:     Pro- 
vided further,  That  nothing  herein  contained  shall  prevent 
any  district  having  once  adopted  free  text-books  from  taking 
further   action   on   the   subject   at   any   subsequent  annual 
meeting. 

(312)  §5926.    SEC.  18.    All  school  property,  both  real  and 
personal,  within  the  limits  of  the  township  district  as  created 
or  organized  under  this  act,  shall  by  force  of  this  act  become 
the  property  of  the  public  schools  of  the  township,  and  all 
debts  and  liabilities  of  the  several  districts  heretofore  organ- 
ized in  such  township  as  they  existed  prior  to  the  passage  of 
this  act  shall  become  the  debts  and  liabilities  of  the  said 
public  schools  of  the  township. 

(313)  §  5927.    SBC.  19.    All  money  raised  or  being  raised 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township  as  described  herein,  shall  become  the  money  of  the 
public  schools  of  the  township,  and  no  tax  heretofore  ordered 
assessed  or  levied  for  school  purposes  in  said  township  or 
other  proceedings  shall  be  invalidated  or  affected  by  means 
of  this  act. 

(314)  §  5928.    SEC.  20.    The  compensation  of  members  of 
the  board  of  education  other  than  the  secretary  and  treasurer 
shall  be  two  dollars  for  attendance  at  each  regular  meeting 
of  the  board.    The  secretary  and  treasurer  of  said  board  shall 
receive  such  compensation  for  their  services  as  the  board  of 
education  may  determine,  not  exceeding  one  hundred  dollars 
for  the  treasurer  and  one  hundred  twenty-five  dollars  for  the 
secretary  per  annum.     The  amount  of  money  necessary  for 
the  services  of  district  officers  shall  be  included  in  the  regu- 
lar budget  voted  by  the  board  of  education  and  shall  be  paid 
from  the  general  fund. 

(315)  §  5929.     SEC.  21.     The  several   township   officers 
shall  be  ineligible  to  election  as  members  of  the  board  of  edu- 
cation during  the  term  for  which  they  were  elected  and  any 
votes  cast  for  such  township  officers  for  members  of  the  board 


GENERAL  SCHOOL   LAWS. 


|>f  education  shall  be  void.    It  shall  be  illegal  for  any  member  £eamj>earsnot 
f  the  board  of  education  to  act  as  agent  for  any  author,  pub-  agent, 
isher  or  seller  of  school  books  or  school  apparatus,  or  to 
eceive  any  gift  or  reward  for  his  influence  in  recommending 
he  purchase  or  use  of  any  school  book  or  apparatus  in  the 
tate  of  Michigan.    It  shall  be  illegal  for  any  member  of  the 
>oard  of  education  to  perform  any  labor  except  as  provided 
n  this  act,  or  furnish  any  material  or  supplies  for  the  school 
listrict  in  which  he  is  an  officer,  and  he  shall  not  be  personally 
nterested  in  any  way  whatever,  directly  or  indirectly,  in  any 
contract  with  the  district  in  which  he  holds  office.    Any  act   Penalty, 
lerein  prohibited,  if  performed  by  any  such  school  officer, 
•shall  be  deemed  a  misdemeanor  and  he  shall  be  liable  to  the 
punishment  provided  for  such  offense  in  accordance  with  the 
provisions  of  the  statute  in  such  case  made  and  provided. 

Justices  of  the  peace  who  were  selected  trustees  of  a  school  district  and 
recognized  as  proper  officials  thereof  for  a  year  or  upwards  were  de  facto 
officials,  though  disqualified  from  acting  in  the  two  capacities  by  2  compiled 
laws  1915,  §  5929. — Connine  v.  Smith,  190  /  632. 


143 


(316)  §  5930.  SEC.  22.  Any  person  duly  elected  to  the 
office  of  trustee  of  any  township  district,  who  shall  neglect  or 
refuse  without  sufficient  cause  to  accept  such  office  and  serve 
therein,  or  who  having  entered  upon  the  duties  of  his  office 
shall  neglect  or  refuse  to  perform  any  duty  required  of  him  by 
virtue  of  his  office,  shall,  upon  conviction  in  any  court  of 
competent  jurisdiction,  be  fined  not  less  than  ten  dollars  in 
the  discretion  of  the  court,  and  if  he  shall  still  continue  to 
neglect  or  refuse  to  perform  the  duties  he  shall  be  liable  for 
a  similar  forfeiture  for  each  such  offense ;  or  any  such  officer 
may  be  removed  from  office  in  the  manner  provided  in  this 
act. 

(317).  §  5931.  SEC.  23.  The  superintendent  of  public 
instruction  shall  have  power  and  is  hereby  required  to  remove 
from  office,  upon  satisfactory  proof  and  after  at  least  ten  days' 
notice  to  the  party  implicated,  any  trustee  of  any  township 
school  district  who  shall  have  illegally  used  or  disposed  of  any 
of  the  public  moneys  entrusted  to  his  charge,  or  who  shall 
^tently  and  without  sufficient  cause  refuse  or  neglect  to 
discharge  any  of  the  duties  of  his  office,  and  in  case  of  such 
removal  it  shall  be  the  duty  of  the  said  state  superintendent 
to  record  in  the  office  of  the  township  clerk  of  such  township 
the  resolution  or  order  for  such  removal,  and  such  record  of 
such  resolution  or  order  so  entered,  or  a  certified  copy 
thereof,  shall  be  prima  facie  evidence  in  all  courts  and  places 
of  jurisdiction  of  the  regularity  of  such  proceedings  for 
removal,  and  said  state  superintendent  shall  file  a  similar 
copy  of  the  proceedings  in  the  records  of  his  office:  Provided. 
That  if  the  party  so  removed  shall,  within  thirty  days  after 
such  removal,  institute  proceedings  before  a  court  of  com- 
petent jurisdiction  for  the  setting  aside  of  such  order  for 
removal  from  office,  or  if  after  said  thirty  days  such  proceed- 
ings to  obtain  such  removal  shall  be  discontinued  or  dis- 


Refusal  to 
accept  office 
or  perform 
duty. 


Removal 
from  office. 


Proviso, 
\vlu-n  order 
to  stand. 


144 


STATE   OF   MICHIGAN. 


Consolidation 
of  townships, 
board  to  act. 


Joint  session, 
appraisal,  etc. 


Alteration 
of  district. 


missed,  the  said  order  for  removal  from  office  shall  stand 
and  not  be  subject  to  attack  by  any  legal  proceedings  there- 
after. 

(318)  §  5932.  SEC.  24.  When  any  township  district  com- 
prising one  township  shall  be  divided  into  two  or  more  town- 
ships or  when  any  two  townships  are  consolidated  for  school 
purposes,  the  existing  board  or  boards  of  trustees  shall  con- 
tinue to  act  for  all  the  townships  until  the  same  shall  have 
been  organized  and  the  township  boards  of  trustees  duly 
elected  and  qualified  therein.  Immediately  'after  such  organi- 
zation the  township  boards  of  education  of  each  of  the  town- 
ships shall  meet  in  joint  session  and  direct  an  appraisal  of  all 
the  school  property  of  the  former  township  to  be  made.  When 
such  appraisal  has  been  made  said  township  boards  of  edu- 
cation shall  make  an  equitable  division  of  the  existing  assets 
and  liabilities  of  the  school  districts  of  such  former  township, 
basing  their  apportionment  upon  the  amount  of  taxable  prop- 
erty in  the  township  divided,  as  shown  by  the  last  assessment 
roll  of  such  former  township.  When  a  township  district  shall 
be  altered  in  its  limits  by  annexing  a  portion  of  its  territory 
to  another  township  or  townships,  the  township  boards  of 
education  of  such  townships  shall,  immediately  after  such 
alteration,  meet  in  joint  session  and  make  an  equitable 
division  of  the  assets  and  liabilities  of  the  school  districts  of 
the  township  from  which  the  territory  has  been  detached, 
basing  their  division  upon  the  amount  of  taxable  property 
as  the  same  shall  appear  upon  the  last  assessment  roll  of  such 
township. 

(319)  §  5933.  SEC.  25.  When  any  ten  or  more  qualified 
voters  in  any  township  district  shall  feel  themselves  aggrieved 
by  any  action,  order  or  decision  of  the  board  of  education  with 
reference  to  the  formation  of  any  school,  the  division  or 
arrangement  of  any  territory,  or  location  of  the  schools,  or  the 
maintaining  of  school  in  any  part  of  said  district,  they  may, 
at  any  time  within  ninety  days  from  the  time  of  such  action 
on  the  part  of  said  board  of  education,  appeal  from  such 
action,  order  or  decision  of  said  board  of  education  to  the 
state  superintendent  of  public  instruction,  and  notice  of  such 
appeal  shall  be  served  on  the  secretary  of  the  board  of  educa- 
tion. The  superintendent  of  public  instruction,  upon  the 
receipt  of  such  appeal,  shall  have  power  to  entertain  such 
appeal,  and  review,  confirm,  set  aside  or  amend  the  action, 
order  or  decision  of  the  board  of  education  thus  appealed 
from,  or  if  in  his  opinion  the  appeal  is  frivolous  or  without 
sufficient  cause,  he  may  summarily  dismiss  the  same.  Said 
state  superintendent  of  public  instruction,  before  acting  upon 
such  appeal,  may  visit  the  locality  or  appoint  some  one  to  do 
so,  and  investigate  carefully  the  action,  order  or  decision  and 
its  effect  upon  the  district  and  the  conditions  surrounding 
the  same,  and  he  or  his  appointee  shall  give  a  hearing  at  some 
place  within  the  county  where  such  township  district  may  be 


Appeal  from 
action  of 
board. 


Supt.  of  pub- 
lic instruc- 
tion, duty  of. 


<;I:\I:KAL  SCHOOL  LAWS. 


Ideated  and  to  such  hearing  he  may  summon  the  board  of 
Jucation,  the  complainants  and  any  persons  who  may  have 
,.  i  nowledge  of  the  matter  at  issue.  After  the  hearing  and  due 
:msideration,  said  superintendent  shall  render  his  decision 
-hich  shall  be  final. 


145 


TOWNSHIP  SCHOOL  DISTRICTS  IN  UPPER 
PENINSULA. 

.n  Act  for  the  organization  of  township  school  districts  in  the  upper 

peninsula. 

[Act  176,  P.  A.  1891.] 

The  People  of  the  State  of  Michigan  enact: 

(320)  §  5892.  SECTION  1.  Whenever  the  qualified  electors 
•t  any  organized  township  in  the  upper  peninsula  desire  to 
lecome  organized  into  a  single  school  district,  they  may 
>etitioii  the  township  board  to  proceed  as  hereinafter  pro- 
id  ed  lor  organizing  a  township  school  district.  Such  peti- 
ion  shall  be  signed  by  a  majority  of  the  electors  of  the  town- 
;hip  qualified  to  vote  at  school  meetings  and  shall  be  filed  in 
he  oih'ce  of  the  township  clerk  at  least  fifteen  days  prior  to 
.he  first  day  of  July.  Upon  the  receipt  and  filing  of  said 
iet  it  ion.  the  township  clerk  shall  notify  the  members  of  the 
ownship  board  and  the  school  inspectors  of  the  township  to 
ittend  a  special  meeting  to  be  held  not  more  than  five  days 
hereafter,  at  which  meeting  it  shall  be  the  duty  of  such 
ownship  board  to  compare  the  names  signed  to  the  petition 
A-ith  the  names  appearing  on  the  list  of  registered  voters 
jualified  to  vote  at  school  meetings,  and  if  it  be  found  that  a 
•Majority  of  the  voters  so  qualified  to  vote  have  signed  the 
petition  that  the  organized  township  of  which  they  are  resi- 
Jents  be  organized  as  a  single  school  district,  the  township 
hoard  shall  give  notice  by  posting  notices  thereof  in  five 
public  places  in  said  township,  that  on  the  second  Monday 
of  July  the  following  officers  will  be  elected  for  such  school 
district  :  and  they  shall  make  and  tile,  both  with  the  county 
clerk  and  with  the  county  commissioner  of  schools  of  the 
county  in  which  such  township  is  located,  a  certified  copy  of 
the  above  mentioned  petition,  together  with  their  finding  and 
doings  thereon:  and  when  the  district  ollicers  shall  have  been 
duly  elected  and  shall  have  tiled  their  acceptance  with  the 
township  clerk,  such  township  shall  become  a  single  school 
district  which  shall  be  subject  to  all  the  general  laws  of  the 
state,  so  far  as  the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon 
graded  school  districts  by  the  laws  of  this  state,  all  the  gen- 
eral provisions  of  which  relating  to  common  or  primary 
schools  shall  apply  and  be  enforced  in  said  district,  except 


Petition  for 
organization. 


Clerk  to 

notify 

board. 


When  town- 
ship to  be- 
come single 
district. 


146 


STATE  OF   MICHIGAN. 


Proviso, 
as  to  sub- 
districts. 


such  as  shall  be  inconsistent  with  the  provisions  of  this  act : 
Provided,  That,  immediately  after  the  organization  of  the 
township  district,  the  board  of  education  may  divide  the 
township  into  such  number  of  sub-districts  as  they  may  deem 
necessary  for  the  accommodation  of  all  children  of  school 
age  therein,  designating  the  same  as  follows:  Sub-district 
number  one,  sub-district  number  two,  etc. 

This  act  is  constitutional. — Perrizo  v.  Kesler.  93  /  280  ;  Keweenaw  Ass'n 
v.  Sen.  Dist.,  98  /  441.  The  provision  authorizing  the  township  board  and 
school  inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of 
the  township  have  signed  the  petition,  is  sufficient. — Id.  As  to  filing  a  cer- 
tified copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools, 
instead  of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 

(321)  §  5893.  SEC.  2.  The  officers  of  said  district  shall 
consist  of  five  trustees,  who  shall  constitute  the  board  of 
education  of  said  district,  and  the  term  of  office  shall  be  three 
years.  On  the  second  Monday  of  July  following  the  action  of 
the  township  board,  as  stated  in  section  one  of  this  act,  the 
qualified  voters  of  the  township  shall  proceed  to  elect  from 
their  number,  by  ballot,  one  trustee  for  the  term  of  one  year, 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  of  office  shall  expire.  The 
term  for  which  the  person  voted  for  is  intended  shall  be 
designated  on  the  ballot.  The  qualifications  of  voters  and  the 
conditions  of  eligibility  for  office  holding  shall  be  the  same 
as  provided  in  the  general  school  laws.  At  the  first  election 
held  in  said  district,  the  township  board  shall  act  as  a  board 
of  election,  and  they  shall  canvass  the  votes  in  the  same  man- 
ner as  votes  for  elective  township  officers  are  canvassed.  At 
succeeding  elections  the  qualified  voters  present  shall  desig- 
nate three  qualified  voters  to  act  as  a  board  of  election  and 
board  of  canvassers,  who  shall  respectively  take  and  subscribe 
the  constitutional  oath  of  office,  which  oath  any  member  of 
the  board  of  trustees  may  administer.  In  the  election  of 
trustees  the  person  or  persons  receiving  a  majority  of  all  the 
votes  cast  shall  be  declared  elected,  and  he  or  they  shall  hold 
office  until  his  or  their  successor  or  successors  shall  have  been 
duly  elected  and  filed  his  or  their  acceptance.  The  annual 
meeting  of  said  district  shall  occur  on  the  second  Monday  of 
July  in  each  year,  at  the  usual  place  of  holding  the  annual 
township  meeting,  and  it  shall  be  the  duty  of  the  secretary 
to  give  notice  of  all  annual  meetings  and  of  any  special  meet- 
ing of  said  district  by  posting  a  written  or  printed  notice 
thereof  in  at  least  five  conspicuous  places  in  said  township 
at  least  five  days  prior  to  said  meeting.  At  the  first  school 
meeting  and  all  succeeding  annual  meetings  the  polls  shall 
open  at  three  o'clock  p.  mv  and  be  kept  open  four  hours,  dur- 
ing the  last  hour  of  which  time  the  voters  shall  transact,  such 
business  as  may  lawfully  come  before  them,  according  to  the 
provisions  of  section  nine  of  this  act,  except  where  the  board 
of  education  of  any  district  has  designated  a  different  hour, 


Board  of 
education. 


When 
I  rustees 
elected. 


Term  on 
ballot. 

General  law 
governing. 

First  election. 


Succeeding 
elections. 


Majority 
elects. 


Annual 
meeting, 
when  and 
where  held. 


Notice  given. 


Opening  and 
closing  of 
polls. 


Transaction 
of  district 
business. 


GENERAL  SCHOOL  LAWS. 


147 


di  ring  said  four  hour  period,  for  the  transaction  of  such 

In  siness  and  notice  thereof  has  been  given  in  .the  notice  of 

8ii  !h  meeting,  then  such  business  may  be  transacted  during 

sii  :h  designated  hour.     In  all  townships  organized  prior  to   Organizations 

A  >ril  first,  nineteen  hundred  three,  under  the  provisions  of  1^1903  April 

uc  ;  number  one  hundred  seventy-six  of  the  public  acts  of 

ei;  hteen   hundred  ninety-one,  the  first  election  of  trustees 

ui  der  this  act  shall  be  held  on  the  second  Monday  of  July, 

ni  icteen  hundred  three,  in  the  manner  provided  in  this  section 

;  fo  •  the  election  in  a  township  newly  organized  as  a  single 
sc  lool  district ;  and  immediately  thereafter  the  records,  prop- 
er y  and  documents  belonging  to  said  district  shall  be  turned 
o\  -r  to  the  newly  elected  board  of  education :    Provided,  That   Proviso, 
t!  >  district  officers  elected  at  the  annual  election  in  April,  April'lfi 

;.ni  leteen  hundred  three,  under  the  provisions  of  act  number 
01  e  hundred  seventy-six  of  the  public  acts  of  eighteen  hundred 
ni  lety-one,  shall  act  as  the  board  of  education  until  the  trus- 

;  te  is  elected  on  the  said  second  Monday  in  July,  nineteen 
hi  ndred  three,  shall  have  filed  their  acceptances  and  become 
di  ly  qualified. 

Un.   1919,  Act  138. 

»errlzo  v.  Kesler,  93  /  283  ;  People  v.  Anderson,  198  /  39. 

(322)  §  5894.     SEC.  3.    Within  five  days  after  the  first 
el  action  under  this  act,  the  township  clerk  shall  notify,  in 
\v  -it ing,  the  persons  elected  trustees  of  their  election,  and 
\\  Thin  five  days  thereafter  said  trustees  so  elected  shall  take 
a  i  (1  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of   this   state,   before  any  officer  authorized   to  administer 
onths,  and  file  the  same  with  the  township  clerk:    Provided, 
That  after  the  district  shall  have  been  organized  under  the 
piovisions  of  this  act,  the  members  of  the  board  of  education 
sliall  file  their  acceptances  with  the  secretary  of  the  board. 

(323)  §5895.     SEC.  4.     The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following  the 
fiisi  election  under  this  act  and  elect  from  their  number  a 
piesident,  a  secretary,  and  a  treasurer,  who  shall  severally 
serve  in  such  capacity  during  his  term  of  office  and  until  his 
svccessor  shall  have  been  duly  elected  and  duly  qualified. 
T  ic  president  shall  preside  at  all  meetings  of  the  district, 
in  id   of  the  board,  and  perform   such  other  duties  as  are 
required  of  the  moderator  in  a  primary  school  district.    The 
secretary  shall  faithfully  record  all  proceedings  of  annual 
and  special  meetings  of  the  district  and  of  all  meetings  of  the 
board,  receive  and  file  all  records,  papers,  and  other  docu- 
ments belonging  to  the  district,  and  perform  such  other  duties. 
us-  are  required  of  the  director  in  primary  school  districts.    It 
si  all  be  the  duty  of  the  treasurer  in  each  district  to  execute 
and  file  with  the  secretary,  within  ten  days  after  his  election 

I  pr  appointment,  a  bond  in  the  full  amount  of  money  to  come 


Officers,  how 
notified  of 
election. 


Proviso. 


Board  of 
education, 
how 
organized. 


Duties  of 
president. 

Secretary. 


Treasurer. 


148 


STATE   OF   MICHIGAN. 


into  his  hands  as  such  treasurer  during  his  term  of  office, 
as  near  as  the  same  can  be  ascertained,  with  two  sufficient 
sureties  who  shall  be  residents  of  the  same  county,  or  shall 
furnish  a  similar  bond  of  some  surety  company  authorized  to 
do  business  in  this  state,  to  be  approved  by  the  president 
and  secretary  of  the  board,  conditioned  for  the  faithful  per- 
formance of  his  duties  under  this  act,  and  honestly  account- 
ing for  all  moneys  coming  into  his*  hands  belonging  to  said 
district.  It  shall  be  the  duty  of  the  treasurer  of  said  board 
to  apply  for  and  receive  from  the  township  treasurer,  or  other 
officer  holding  the  same,  on  the  presentation  of  a  warrant 
signed  by  the  president  and  secretary  of  the  school  board,  all 
moneys  appropriated  or  apportioned  for  primary  schools  and 
for  district  library  of  said  district.  The  said  treasurer  shall 
have  the  keeping  of  all  school  and  library  moneys,  and  shall 
not  pay  out  the  same  without  the  authority  of  the  board,  upon 
warrants  or  orders  drawn  upon  him  and  signed  by  the  secre- 
tary and  countersigned  by  the  president ;  and  he  shall  perform 
such  other  duties  as  are  required  of  the  treasurer  in  primary 
school  districts. 

(324)  §  5896.     SEC.  5.     Said    board    of    education    shall 
have  power  to  fill  all  vacancies  that  may  occur  in  the  office 
of  trustee  until  the  next  annual  election,  and  such  trustee 
shall  file  with  the  secretary  of  said  board  his  oath  of  office 
within  five  days  after  such  appointment  by  the  board. 

(325)  §  5897.     SEC.  6.     A  majority   of  the  members  of 
said  board  shall  constitute  a  quorum,  and  the  regular  meet- 
ings of  said  board  shall  be  held  on  the  fourth  Monday  of 
March,  June,  September,  and  December  in  each  year,  and  no 
notice  of  such  meetings  shall  be  required,  and  any  two  mem- 
bers of  said  board  shall  be  sufficient  to  adjourn  any  meeting 
from  time  to  time  until  a  quorum  is  present.     Special  meet- 
ings of  said  board  may  be  called  at  any  time  on  the  request 
of  the  president,  or  any  two  members  thereof,  in  writing, 
delivered  to  the  secretary;  and  the  secretary,  upon  receiving 
such  request,  shall  at  once  notify  each  member  of  said  board 
of  the  time  of  holding  such  meeting,  which  shall  be  at  least 
two  days  subsequent  to  the  time  of  receiving  such  request  by 
said  secretary :    Provided,  That  in  case  all  the  members  shall 
sign  a  waiver  of  notice  on  the  minute  book  of  the  secretary 
no  notice  shall  be  necessary.    All  records  and  papers  of  said 
district  shall  be  kept  in  the  custody  of  said  secretary  and 
shall  be  open  to  the  inspection  of  any  qualified  voter  of  said 
district. 

Schafer  v.   Sch.  Dist.,   116  /  206. 

5898.     SEC.  7.     The  said  board  shall  be  the  board 


Vacancies. 


Quorum, 
meetings. 


Proviso. 


To  be  board 


(326) 
of  school  inspectors  for  said  district  and  shall,  as   sue] 


I 


GENERAL  SCHOOL  LAWS. 


149 


rep1  rt  to  the  clerk  of  the  county  in  which  such  township  is 
loc;  ted  and  shall  have  all  the  powers  and  perform  all  the 
dut  es  now  enjoyed  and  performed  by  boards  of  school  inspect- 
ors and  the  secretary  of  said  hoard  shall  perform  all  the 
dut  es  required  by  law  of  the  chairman  of  the  board  of  school 
ins]  ectors;  and  the  board  of  school  inspectors  for  such  town- 
shi  is  hereby  abolished,  except  as  its  powers  are  vested  in 
sai-  board  of  education. 

(  127}  §  5899.  SEC.  8.  The  board  of  education  of  said 
dis  riet  shall  have  power  and  authority  to  designate  and  pur- 
ch:  >e  schoolliouse  sites,  erect  buildings  and  furnish  the  same, 
em  -loy  legally  qualified  teachers,  provide  books  for  district 
lib  ary,  make  by-laws  relative  to  taking  the  census  of  all 
chi  dren  in  said  district  between  the  ages  of  five  and  twenty 
ye.  is.  and  to  make  all  necessary  reports  and  transmit  the 
sai  e  to  the  proper  officers  as  designated  by  law,  so  that  the 
dis  riet  may  be  entitled  to  its  proportion  of  the  primary 
scl  >ol  interest  fund  :  and  said  board  shall  have  authority  to 
ma  ce  all  needful  regulations  and  by-laws  relative  to  the 
vis  tat  ion  of  schools;  relative  to  the  length  of  time  school 
sh;  11  be  kept,  which  shall  not  be  less  than  five  months  in 
each  year:  relative  to  the  employment  of  teachers  duly  and 
leg  illy  qualified ;  relative  to  the  regulation  of  schools  and  the 
bo<  ks  to  be  used  therein;  and  generally,  to  do  all  things 
net  dful  and  desirable  for  the  maintenance,  prosperity,  and 
sin  cess  of  the  schools  of  said  district,  and  the  promotion  of 
a  thorough  education  of  the  children  thereof.  When  in  any 
contiguous  territory  of  said  township  district  there  are  ten 
or  more  children  of  school  age.  living  not  less  than  three 
mi  es,  noi-  more  than  eight  miles,  from  any  schoolhouse  in 
said  district,  the  board  of  education  shall,  upon  the  petition 
of  a  majority  of  the  parents  or  legal  guardians  of  said  chil- 
dren.  provide  school  advantages  for  such  children,  either  by 
establishing  a  sub  district,  or  by  providing  transportation  to 

Ine  school  already  established  within  the  township. 
vrri/u   v.   K.-sliT,  9:J  /  283. 
i.'ii'Si      s<  r>!M>(>.     SK<\  !).     At    each    annual   school   meeting 
Id  in  said  township,  tin-  qualified  voters  present  shall  deter- 
mine the  amount   of  money  to  he  raised  by  tax  for  all  school 
pi  rposes  for  the  ensuing  year:     Provided,  That  in  case  the 
voters  at  any  annual   school  inn-ting  shall  neglect  or  refuse 
to  determine  the  amount   to  he  raised  as  aforesaid,  then  the 
h<  ard  of  education  shall  determine  the  same  at  the  first  regu- 
lar meeting  thereof,  which  amount  the  secretary  shall,  within 
thirty  days  thereafter,  certify  to  the  supervisor  of  the  town- 
si  ip.  who  shall  spread  the  same  upon  the  regular  tax  roll  of 
said   township,  and  the  same  shall  he  levied,  collected  and 
r<  turned  in  the  same  manner  as  other  township  taxes:    Pro- 


Powers  and 
duties. 


Electors  to 
determine 
amount  to 
be  raised. 


Proviso  as 
to  neglect. 


Proviso  as 
to  amount. 


150 


STATE   OF  MICHIGAN. 


Taxes  to 
be  set  forth 
in  roll. 


Treasurer 
to  report 
to  board. 


Board  to 
make  annual 
statement. 


vided,  That  for  purchasing  school  lots  and  for  erecting  school- 
houses  no  greater  sum  than  three  mills  on  the  dollar  of  all 
the  taxable  valuation  of  the  real  and  personal  property  in 
said  township  shall  be  levied  in  any  one  year. 

Auditor  General  v.  Duluth,  South  Shore,  etc.,  116  / 122 ;  Auditor  General 
v.  Sparrow,  116/576. 

(329)  §  5901.     SEC.  10.     All  taxes  assessed  within  said 
township  for  school  purposes  shall  be  set  forth  in  the  assess- 
ment roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

(330)  §  5902.     SEC.  11.     The  treasurer  of  the  township 
shall,  at  any  time,  at  the  written  request  of  said  board  of 
education,  report  to  said  board  the  amount  of  school  money 
in  his  hands,  and  shall,  on  the  order  of  the  secretary  of  said 
board  of  education,  countersigned  by  the  president,  pay  to 
the  treasurer  of  said  board,  all  or  any  of  such  money. 

(331)  §  5903.     SEC.  12.     The  said  board  shall  annually, 
prior  to  the  second  Monday  of  July  in  each  year,  make  a 
detailed  statement  of  the  number  of  schools  in  said  district, 
the  number   of   teachers   employed,   the   number   of   pupils 
instructed  therein  during  the  preceding  year,  the  expendi- 
tures of  said  board  for  all  purposes,  the  resources  and  liabili- 
ties of  said  district,  and  also  an  estimate  of  the  necessary 
expenses  for  the  ensuing  year  exclusive  of  the  income  from  the 
primary  school  interest  fund  and  one  mill  tax,  which  report 
or  statement  shall  be  entered  at  length  in  the  record  of  said 
board  and  shall  be  publicly  read  by  the  president  of  said 
board,  or  in  his  absence  by  the  secretary  thereof,  to  the 
voters  of  said  township,  at  their  annual  meeting  on  the  second 
Monday  of  July. 

(332)  §  5904.     SEC.  13.     All  school  property,  both  real 
and  personal,  within  the  limits  of  a  township  incorporated 
as  aforesaid,  shall,  by  force  of  this  act,  become  the  property 
of  the  public  schools  of  such  township,  and  all  debts  and 
liabilities  of  the  primary  school  districts  of  said  township, 
as  they  existed  prior  to  its  incorporation  under  the  provi- 
sions of  this  act,  shall  become  the  debts  and  liabilities  of 
said  public  schools  of  the  township  so  incorporated. 

While  the  injustice  and  inequality  of  this  section  may  well  be  admitted  in 
certain  cases,  yet  there  is  no  constitutional  objection  to  it. — Perrizo  v.  Kes- 
ler,  93  /  283-4. 

(333)  §.  5905.     SEC.  14.    All  money  raised  or  being  raised 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township,  as  organized  under  the  primary  school  laws  of  this 


Disposition 
of  school 
property. 


Of  moneys 
raised  by 
tax. 


GENERAL  SCHOOL  LAWS. 


151 


Compensation 
of  board. 


In  case  of 
division  of 


8ta  e  shall  hereby  become  the  money  of  the  public  schools  of 
the  township,  and  no  tax  heretofore  ordered  assessed  or  levied 
for  school  purposes  in  said  township,  or  other  proceedings, 
sh;  1  be  invalidated  or  affected  by  means  of  this  act. 

i  *34)  §  5906.  SEC.  15.  The  compensation  of  the  mem- 
bei  *  of  the  board  of  education  other  than  the  secretary  and 
tre  isurer  shall  be  two  dollars  for  attendance  at  each  regular 
me  iting  of  the  board.  The  secretary  and  treasurer  of  said 
bo;  rd  shall  receive  such  compensation  for  their  services  as 
th<  board  of  education  may  determine,  not  exceeding  one 
hu  idred  dollars  for  the  treasurer  and  one  hundred  twenty- 
fiv  dollars  for  the  secretary,  per  annum. 

335)  §  5907.  SEC.  16.  When  any  township  district 
sh;  11  be  divided  into  two  or  more  townships,  the  existing  township. 
bo.  rd  of  trustees  shall  continue  to  act  for  all  the  townships 
un  ;il  the  same  shall  have  been  organized  and  the  township 
bo  .rds  of  trustees  duly  elected  and  qualified  therein.  Imme- 
di;  tely  after  such  organization  the  township  boards  of  educa- 
tic  Q  of  each  of  the  townships  shall  meet  in  joint  session  and 
dii  ect  an  appraisal  of  all  the  school  property  of  the  former 
township  to  be  made.  When  such  appraisal  has  been  made, 
sa  d  township  boards  of  education  shall  make  an  equitable 
division  of  the  existing  assets  and  liabilities  of  the  school 
di*  tricts  of  such  former  township,  basing  their  apportion- 
rm  nt  upon  the  amount  of  taxable  property  in  the  township  Alteration, 
di  ided,  as  shown  by  the  last  assessment  roll  of  such  former  etc- 
to  vnship.  When  a  township  district  shall  be  altered  in  its 
lir  lits  by  annexing  a  portion  of  its  territory  to  another  town- 
sh  p  or  townships,  the  township  boards  of  education  of  each 
of  the  townships  shall,  immediately  after  such  alteration, 
moet  in  joint  session  and  make  an  equitable  division  of  the 
assets  and  liabilities  of  the  school  districts  of  the  township 
from  which  the  territory  has  been  detached,  basing  their 
division  upon  the  amount  of  taxable  property  as  the  same 
shall  appear  upon  the  last  assessment  roll  of  such  township. 

Sections  17  and  18  of  this  act  were  added  by  Act  154  of  1903  ;  Act  7,  P.  A 
19)9,  repealed  sections  17  and  18  as  so  added,  and  again  added  section  17 
wtich  repealed  all  contravening  acts. 


152 


STATE  OF  MICHIGAN. 


Boundaries, 
how  estab- 
lished, etc. 


Board  of 
trustees, 
duty  of. 


Joint 
meetings, 
notice  of. 


How  made. 


Chairman 
and  clerk, 
election  of. 


Maps, 
alterations  of. 


Filing  of. 


BOUND  AKIES  OF  SCHOOL  DISTRICTS  IN  CITIES. 

An  Act  in  relation  to  the  boundaries  of  school  districts  in  cities, 
and  the  boundaries  of  school  districts  which  have  been  fixed  by 
legislative  act. 

[Act  86,  P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(336)  §  5860.  SECTION  1.  Whenever  a  change  in,  or  the 
establishment  of,  the  boundaries  of  a  school  district  of  any 
city  is  desired  or  becomes  necessary,  such  change  or  estab- 
lishment may  be  made  by  the  joint  action  of  the  board  of 
education  of  such  district  or  the  board  of  trustees  of  such 
city  and  the  township  board  of  the  township  in  which  the 
territory  may  be  located,  or  the  township  boards  if  the  terri- 
tory affected  is  located  in  more  than  one  township,  adjoin- 
ing such  district.  Whenever  any  change  is  contemplated  in 
regard  to  the  boundaries  of  the  school  district,  and  a  majority 
of  the  members  of  the  board  of  education  or  board  of  trustees 
shall  vote  in  favor  thereof,  it  shall  be  the  duty  of  said  board 
to  elect  four  of  its  members  as  a  committee  to  meet  with  the 
proper  township  board  in  the  joint  meeting  herein  authorized, 
and  the  secretary  of  the  board  of  education  or  board  of 
trustees  shall  notify  the  township  board  or  boards  of  the 
township  or  townships  in  which  the  territory  intended  to 
be  attached  to  or  detached  from  the  school  district  is  located, 
that  a  joint  meeting  of  such  township  board  or  boards  will 
be  held  with  the  committee  of  the  board  of  education  or 
board  of  trustees  of  the  city  at  a  place,  on  a  date  and  at 
an  hour  named  in  said  notice,  but  not  within  ten  days  of  the 
date  of  such  notice.  The  secretary  of  the  board  of  education 
or  board  of  trustees  shall  notify  the  township  board  or  boards, 
through  the  township  clerk  of  such  township  or  townships, 
and  he  shall  also  notify  the  committee  representing  the  mem- 
bers of  the  board  of  education  of  the  city  of  the  time  and 
place  of  such  meeting.  It  shall  be  the  duty  of  each  member 
of  each  board  or  committee  to  attend  such  meeting.  When 
the  joint  boards  and  committee  have  assembled  they  shall 
elect  from  their  number  a  chairman  and  a  clerk  and  shall 
proceed  to  consider  the  changes  contemplated  and  it  shall 
require  a  majority  of  all  the  members  elect  of  the  joint  boards 
for  affirmative  action.  The  provisions  of  this  act  shall  apply 
to  all  school  districts,  the  boundaries  of  which  have  been  fixed 
by  legislative  act,  and  to  school  districts  governed  by  the 
fourth  class  city  act.  When  said  joint  boards  have  made 
alterations  in  the  boundaries  of  the  school  district,  they  shall 
prepare  a  map  showing  in  detail  the  boundaries  of  the  original 
school  district  and  the  boundaries  of  the  territory  annexed 
or  deta£hed,  and  a  copy  of  such  map  shall  be  kept  on  file  in 


GENERAL   SCHOOL   LAWS 


153 


offi<  '  of  the  secretary  <.f  the  board  of  education  or  board  of 
trustees,  and  in  the  oftice  of  the  township  clerk  or  clerks  of 
the  township  or  townships  in  which  tin*  territory  may  be 
Joe  red. 


T: 
and 


'.  home  rule  act  provides  for  the  changing  of  th- 

fflages  and  not  of  school  -nee  school  districts  within  annexed 

^^H  »ry  and  school  bonds  are  not  affected  by  action  annexing  territor 

said  act.— Collins  v.  City  of  Detroit,   195/331.     See,   also,   Bd.   of 
.tion  T.  Bacon,  196 

\uy  persons  residing  on  terri- 
tor adjoining  any  city  district,  or  in  any  school  district  the 
DOL  idaries  of  which  ha  :ixe»l  by  legislative  act.  who 

des  re  to  have  their  property  attached  to  or  detached  from 
sue  t  school  district,  may  petition  the  board  of  education  or 
the  board  of  trustees  thereof  to  have  such  territory  annexed 
or  etached.  as  the  case  may  be,  and  when  such  petition  has 
bee  i  received  the  secretary  of  the  board  of  education  or  the 
boa  'd  of  trustees  shall  proceed  as  hereinbefore  stated  and 
cal  a  meeting  of  the  board  of  education  or  board  of  trustees, 
an«  the  township  board,  to  take  action  on  such  petition. 

<  *3S)  -  c.  3.     When    any    territory    shall    be 

;  att  .ched  to  or  detached  from  the  school  district  of  any  city. 
[or  ny  school  district  the  boundaries  of  which  have  been  fixed 
Iby  legislative  act.  in  pursuance  of  the  provisions  of  this  act, 
lit  saall  in  all  things  ivlativ*-  T»  school  matters  be  governed  by 
the  pi«>\  law  in  force  and  governing  such  district 

•  at   he  time  the  < -hange  of  boundaries  is  made. 

i  £:  hoard  of  education  or  the  board 

of    t  any  district  which  by  reason  of  the  provisions  of 

tlii  act  is  extended  beyond  the  limits  of  any  single  munici- 
rpality.  shall,  within  the  time  provided  by  law.  for  certifying 
taxes  by  i •  .\vnship  clerks,  certify  to  the  board  of  supervisors 
all  a moii ins  to  be  raised  therein  for  school  purposes.  The 
bozrd  of  11.  in  accordance  with  law.  apportion 

sin  h  school  taxes  to  the  several  municipalities  possessing  ter- 
ritory in  such  district  in  proportion  to  the  assessed  valuation 
of  each  municipality  within  such  district,  and  shall  certify 
tin  same  to  the  proper  officer  thereof. 


May  peti- 
tion board. 


School 
matters, 
provisions 
governing. 


Certificate. 


Tux.-s. 
apportion- 
ment of. 


154 


STATE  OF  MICHIGAN. 


Continuation 
of  districts. 


Proviso, 

territorial 

limits. 


Classification. 


Computation 
of  population. 


Idem. 


CLASSIFICATION  OF  CERTAIN  SCHOOL  DISTRICTS. 

An  Act  to  classify  all  school  districts,  now  in  existence  or  hereafter 
created,  which  shall  have  a  population  of  five  hundred  or  more  and 
less  than  seventy-five  thousand  as  districts  of  the  third  or  fourth 
classes ;  to  provide  for  the  government,  control  and  administration 
of  such  school  districts  and  the  schools  therein  through  boards  of 
education ;  to  provide  for  the  manner  of  nomination  and  election 
of  such  boards  and  their  powers  and  duties ;  and  to  repeal  all  gen- 
eral or  special  laws  that  conflict  with  the  provisions  of  this  act. 

[Act  166,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(340)  SECTION  1.     Each  and   every  school  district  now 
organized  and  existing  under  the  laws  of  this  state,  and  any 
school  district  or  districts  which  hereafter  may  be  formed 
and  organized  under  the  said  laws,  which  has  a  population 
of  five  hundred  or  more  and  less  than  seventy-five  thousand, 
shall  constitute  and  continue  to  be  a  school  district  under 
this  act,  to  be  designated  and  known  as  the  "School  District 

of (here  insert  the  name  of  the  city,  village 

or  township  in  which  the  whole  or  the  greater  part  of  said 
school  district  is  situated),"  with  the  same  territorial  limits 
which  it  now  has  or  shall  have  when  formed  and  organized : 
Provided,  That  the  territorial  limits  of  any  school  district 
may  be  increased  or  decreased  at  any  time  by  consolidation, 
division  or  otherwise  in  accordance  with  the  laws  of  this 
state. 

(341)  SEC.  2.     The  said  several  school  districts  shall  be 
and  hereby  are  divided  into  two  classes  as  follows : 

(a)  Each  school  district  having  a  population  of  twelve 
thousand  or  more  and  less  than  seventy-five  thousand,  shall 
be  a  school  district  of  the  third  class ; 

(b)  Each  school  district  having  a  population  of  five  hun- 
dred or  more  and  less  than  twelve  thousand  shall  be  a  school 
district  of  the  fourth  class. 

(342)  SEC.  3.     In  each  and  every  school  district  described 
in  section  one  of  this  act  which  embraces  all  of  the  terri- 
tory comprised  in  a  city,  village  or  township,  and  only  that, 
or  which  embraces  all  of  the  territory  comprised  in  one  or 
more  wards  of  a  city  and  only  that,  or  which  embraces  all  the 
territory  comprised  in  a  city  and  township,  a  village  and 
township,  or  two  or  more  townships,  and  only  that,  the  latest 
United  States  census  as  set  forth  in  the  official  report  thereof 
shall  be  the  basis  on  which  the  population  of  said  school  dis- 
trict shall  be  computed. 

(343)  SEC.  4.     In  every  other  school  district  described  in 
said  section  the  population  shall  be  determined  by  multiply- 
ing the  number  of  school  children  of  that  district,  as  shown 
by  the  annual  school  census,  provided  for  by  the  laws  of  this 


GENERAL  SCHOOL  LAWS.  155 

taken  in  the  year  in  which  the  latest  United  States 
ceri  ms  is  taken,  by  the  quotient  obtained  by  dividing  the 
tot  1  population  of  the  county  in  which  the  said  district  or 
the  greater  portion  thereof  is  situated,  as  shown  by  the  report 
of  he  latest  United  States  census,  by  the  total  number  of 
sell  )ol  children  of  the  said  county,  as  shown  by  the  school 
ceii  ms  for  the  year  in  which  the  latest  United  States  census 
is  1  iken. 

i  344)  SEC.  5.  No  change  shall  be  made  by  any  school 
dis  riot  from  one  class  of  school  districts  to  another  except 
all  T  the  taking  of  a  United  States  census  which  shall  show 
the  population  of  such  school  district  to  be  such  as  to  entitle 
it  i  D  make  such  change,  or  except  after  the  taking  of  a  United 
St;  tes  census  the  method  of  computation  provided  for  in 
sec  :ion  four  of  this  act  shall  show,xin  a  district  where  it  is 
pr«  per  to  use  it,  that  the  population  of  said  district  is  such 
as  to  entitle  it  to  change  from  one  class  of  school  districts 
to  another,  or  except  where  the  population  of  two  districts 
coi  solidated  subsequent  to  the  taking  of  the  latest  United 
St;  tes  census  and  ascertained  from  the  official  report  of 
su<  h  census,  or,  in  a  proper  case,  by  the  method  of  compu- 
tai  ion  provided  for  in  section  four  of  this  act,  is  such  as  to 
en  itle  the  consolidated  district  to  be  in  a  class  different 
f re  m  the  class  of  either  of  the  districts  consolidated. 

345)  SEC.  6.  Whenever  hereafter  any  territory  shall  be 
an  icxed  to  any  city,  village  or  township  forming  the  whole  or 
a  >art  of  a  school  district  of  the  third  or  fourth  class,  the 
teiritory  so  annexed  shall  become  a  part  of  the  contiguous 
school  district  embracing  the  whole  or  some  part  of  said  city, 
village  or  township,  and  all  property  of  any  school  district, 
situated  wholly  upon  the  territory  so  annexed,  shall  become 
th<;  property  of  the  school  district  to  which  the  said  territory 
is  adjoined,  and  said  last  named  district  shall  assume  and 
par  such  proportion  of  the  then  existing  school  indebtedness 
of  the  district  from  which  such  territory  is  taken  as  the 
assessed  value  of  the  taxable  property  in  the  territory  annexed 
shall  bear  to  the  total  assessed  value,  before  such  annexation 
w£  s  made,  of  the  taxable  property  of  the  entire  district  from 
which  such  territory  is  taken,  the  value  as  shown  by  the 
assessment  roll  for  the  year  preceding  the  annexation  to  be 
used  as  the  basis  of  the  computation. 

(346)  SEC.  7.  Each  and  every  school  district  described  in  f£*JOTtite 
section  one  of  this  act  shall  be  a  body  corporate,  under  the 
name  aforesaid,  may  sue  and  be  sued  in  its  own  name,  may 
acquire  and  take  property,  both  real  and  personal,  for  edu- 
cational purposes,  by  purchase,  gift,  grant,  devise  or  bequest, 
in  iv  hold  and  use  the  same  for  such  purposes,  and  may  sell 
ai  <1  convey  the  same  as  the  interests  of  the  said  school  dis- 
trict may  require,  subject  to  the  conditions  herein  contained 
and  to  the  general  school  law  of  this  state.  As  such  body 

rporate  each  and  every  said  school  district  shall  be  the 


156 


STATE  OF  MICHIGAN. 


Fourth-class 
districts. 


Board  of, 
education, 
third-class 
district. 


Proviso, 
continuation 
in  office. 


successor  of  any  school  district  corporation  heretofore  exist- 
ing within  the  same  territorial  limits,  and  shall  be  vested 
with  the  title  to  all  property,  real  or  personal,  now  or  here- 
after vested  in  the  corporation  of  which  it  is  the  successor, 
and  the  indebtedness  and  obligations  of  the  corporation  super- 
seded shall  become  and  be  the  indebtedness  and  obligations  of 
the  succeeding  corporation  under  this  act. 

(347)  SEC.  8.     In  each  respect  and  matter  not  hereinbe- 
fore provided  for,  every  school  district  of  the  fourth  class 
hereunder  shall  be  subject  to  and  governed  by  the  provisions 
of  the  law  for  graded  school  districts. 

(348)  SEC.  9.     In  each  school  district  of  the  third  class 
hereunder  the  board  of  education  shall  consist  of  six  mem- 
bers, two  of  those  elected  at  the  first  election  held  under  this 
act  shall  serve  for  two  years,  two  for  four  years  and  two 
for  six  years;  thereafter  at  the  next  school  election  imme- 
diately preceding  the  expiration  of  the  respective  terms  of 
these  officers  their  successors  shall  be  elected  to  serve  for 
terms  of  six  years  and  until  their  successors  are  elected  and 
qualify:    Provided,  That  the  members  of  the  board  of  edu- 
cation elected  prior  to  the  adoption  of  this  act  in  any  such 
school  district  shall  continue  in  office  until  the  expiration 
of  the  respective  terms  for  which  they  were  elected,  or  until 
their  respective  offices  shall  become  vacant  in  the  manner 
hereinafter  provided  in  section  twenty,  and  with  the  six  new 
members  elected  at  the  first  election  under  this  act  shall 
constitute  the  first  board  of  education  hereunder.    The  term 
of  office  of  each  member  shall  commence  on  the  second  Mon- 
day in  July  following  his  or  her  election,  and  the  school  and 
fiscal  year  shall  begin  on  that  date. 

(349)  SEC.  10.     The   regular   annual    school   election    in 
each  school  district  of  the  third  class  shall  be  held  at  the  time 
specified  by  the  law  in  force  in  said  district,  when  this  law 
shall  go  into  effect,  but  the  time  for  holding  such  election 
may  be  changed  to  the  first  Monday  in  June  of  each  year  in 
any  such  school  district,  if  a  majority  of  the  qualified  school 
electors  voting  in  said  district  voting  thereon  vote  in  favor 
of  such  change  at  a  regular  or  special  election  at  which  the 
question  of  such  change  is  properly  submitted  to  the  voters 
of  said  district.    The  members  of  the  board  of  education  in 
all  school  districts   of  the  third  class   hereunder   shall  be 
elected  at  the  regular  annual  school  election. 

(350)  SEC.  11.     Special  elections  may  be  called  by  the 
board  of  education  in  any  school  district  of  the  third  class 
hereunder  at  such  times  and  places  in  such  district  as  they 
shall  designate,  and  it  shall  be  the  duty  of  such  board  to  call 
such  an  election  on  receipt  of  the  written  request  of  not  less 
than  twenty-five  of  the  legal  school  voters  of  the  district,  by 
giving  the  notice  hereinafter  prescribed.    No  special  election 
shall  be  called  unless  the  question  to  be  voted  on  and  decided 
thereat  may  lawfully  be  submitted  at  such  election,  and  all 


Term  of  office. 


Annual  school 
election. 


Special 
elections. 


JEXERAL  SCHOOL  LAWS. 


Qualified 
school 
elector, 
defined. 


(|  lotions  to  be  submitted   at  such  election  shall  be  stated 
1  -iefly  in  the  notice  thereof. 

(351)  SEC.  12.  At  any  regular  or  special  election  in  any 
(  strict  of  the  third  class  hereunder.  every  citizen  of  the 
1  nited  States  of  the  age  of  twenty-one  years  or  over,  male 
•  •  female,  who  owns  property  which  is  assessed  for  school 
t  ixes  in  such  district,  or  who  is  the  parent  or  legal  guardian 

<  '  any  child  of  school  age  included   in  the  school  census  of 
s  ich  district,  and  who  has  resided   in   said   district  at  least 
t  iree  months  next  preceding  such  election,  shall  be  a  quali- 
t  ed  school  elector.    Any  qualified  school  elector  of  any  such 
(  istrict  who  is  the  owner  in  his  or  her  own  right  of  property 
;  ssessed  for  school  taxes  in  said   district  and  whose  name 
j  ppears  on  the  assessment  roll  of  said  district  at  the  time 

<  f  a  school  election  shall  be  eligible  to  be  chosen  as  a  mem- 
1  er  of  the  board  of  education  for  that  district  at  said  election : 
1  'rovided.   That   where   a   husband   and   wife  own   property 
j  )intly,  which  appears  on  the  assessment  roll  in  the  name 

<  f  one  of  them  only,  each  shall  be  eligible  to  be  chosen  as  a 
i  lember  of  the  board  of  education  for  the  district  where  they 
i  re  voters  and  their  property  is  situated. 

'.".."iLM  SEC.  13.  In  any  school  district  of  the  third  class 
1  ereunder  where  the  annual  school  election  is  held  at  the 
same  time  as  the  city,  village  or  township  election,  the  board 
(  f  registration,  the  election  commissioners  and  inspectors 
;  nd  other  election  officials  provided  by  law  for  such  city,  vil- 
1  ige  or  township  election  shall  act  in  their  respective  capaci- 
ties for  said  school  election,  but  the  registration  and  poll 
looks  of  the  school  electors  shall  be  kept  separate  and  apart 
irom  all  others  and  separate  ballot  boxes  shall  be  used  for 
the  school  election. 

i .",.'»:;  i  SKC.  14.  In  any  school  district  of  the  third  class 
l.erennder  where  the  school  election  is  held  at  another  time 
than  the  time  for  holding  the  city,  village  or  township  elec- 
tion, the  board  of  education  shall  divide  said  district  into 
such  voting  precincts  as  in  its  judgment  shall  be  necessary 
for  the  school  registration  and  election.  Such  divisions  shall 
be  made  at  least  twenty  days  prior  to  the  first  election  held 
under  this  act,  and  a  notice  containing  a  diagram  of  the 
boundaries  of  each  precinct,  with  a  plain  description  and  the 
number  thereof,  shall  be  posted  and  published  with  the 

iiotice  of  registration  hereinafter  provided  for.  In  any  such 
listrict  the  board  of  education  shall  also  provide  such  ballot 
3,  poll  lists  and  other  supplies  or  equipment  as  may  be 
iccessary  or  proper  for  conducting  the  school  registrations 
ind  elections  in  said  district,  shall  act  themselves  as  a  board 
)f  election  commissioners  for  such  district,  and  shall  appoint 
hree  qualified  school  electors  in  each  voting  precinct  of  said 
listrict  to  compose  a  board  of  registration  and  three  qualified 
school' electors  in  each  such  precinct  to  compose  a  board  of 
ilection  inspectors  therefor,  and  such  other  officers,  if  any, 


Qualifications 
of  board 
members. 


Proviso, 
husband 
and  wife. 


When  school 
and  municipal 
elections  held 
at  same  time. 


Registration 
and  poll 
books. 


When  held  at 
other  times. 


Precincts, 
when  divided.. 
notice  given. 


Ballot  boxes 
and  supplies. 


Election  com- 
missioners. 


Board  of 
registration. 

Election 
Inspectors. 


108 


STATE  OF  MICHIGAN. 


Vacancies. 


Idem. 


Oath. 


as  may  be  necessary  to  carry  on  the  school  registration  and 
election  in  such  district.    Such  appointments  shall  be  made 
at  least  ten  days  prior  to  the  time  for  conducting  the  registra- 
tion or  election,  as  the  case  may  be,  and  the  secretary  of  the 
board  of  education  shall  notify  each  person  so  appointed  of 
his  appointment.    No  person  shall  serve  on  such  boards  or 
as  an  election  officer  at  a  school  election,  unless  he  or  she 
is  a  qualified  school  elector  and  resides  in  the  precinct  for 
which  he  or  she  is  appointed,  but  the  same  person  may  be 
appointed  as  a  member  of  both  boards.    In  the  event  that  an 
appointee  is  unable  or  refuses  to  act,  the  board  of  education 
before  the  time  set  for  the   registration   or  election   may 
appoint  another  elector  to  take  his  or  her  place  on  the  board 
or  boards   or  as   such   officer.     If   any   of   the   persons   so 
appointed,  for  any  reason,  do  not  appear  at  the  time  and 
place  designated  for  such  registration  or  election,  the  member 
or  members  of  the  said  board  of  registration  or  election 
inspectors  present,  or  if  no  such  member  be  present,  the 
electors  who  are  present  at  the  place  of  registration  or  elec- 
tion, may  choose  a  sufficient  number  of  electors  to  take  the 
place  or  places  on  the  board  of  the  member  or  members  who 
do  not  appear.    Each  member  of  such  board  of  registration 
or  election  and  any  other  election  officer  appointed,  before 
entering  upon  his  duties  shall  take  and  subscribe  the  con- 
stitutional oath  of  office,  to  be  administered  by  any  member 
of  the  board  of  education.     The  members  of  either  of  said 
boards  of  registration  or  election  inspectors  may  administer 
oaths  in  proper  cases  to  persons  applying  for  registration 
or  offering  to  vote.    Each  member  of  the  board  of  registra- 
tion or  election  inspectors  and  each  other  election  officer 
appointed  by  the  board  of  education  of  any  district  shall 
receive  two  dollars  per  day  for  his  services,  the  same  to  be 
audited,  passed  and  paid  in  the  same  manner  as  other  claims 
against  said  board  of  education,  but  in  any  district  where 
the  registration  or  election  officers  for  the  city,  village  or 
township  election  act  at  the  same  time  as  officers  for  the 
school  registration  or  election  they  shall  receive  no  pay  for 
such  services  in  addition  to  the  pay  which  they  receive  for 
acting  at  the  city,  village  or  township  election  or  registration. 
When  the  school  registration  is  completed  the  registration 
books  shall  be  turned  over  to  the  proper  officials  for  use  by 
them  on  election  day.     In  any  district  of  the  third  class 
hereunder  where  the  school  registration  or  election  is  not 
held  at  the  same  time  as  the  city,  village  or  township  regis- 
tration or  election  the  polls  shall  be  open  for  registration 
and  voting  for  such  length  of  time  as  the  board  of  education 
may  prescribe. 

(354)  SEC.  15.  No  elector  of  any  school  district  of  the 
third  class  hereunder  not  registered  as  herein  provided  shall 
be  entitled  or  permitted  to  vote  at  any  annual  or  special 
election  of  said  school  district  unless  his  or  her  vote  be  sworn 


Per  diem  for 
services. 


Polls,  time 
open. 


Votes 
sworn  In. 


GENERAL  SCHOOL  LAWS. 


159 


bstantially  as  is  provided  by  the  general  election  law. 
T  e  registration  of  the  qualified  electors  in  every  such  dis- 
ti  ct  shall  be  made  in  each  voting  precinct  thereof,  and  the 
n;  me,  sex  and  address  of  each  person  registering  and  whether 
h-  or  she  is  the  owner  of  property  assessed  for  school  taxes 
a:  d  a  parent  or  legal  guardian  of  a  child  or  children  of 
s<  100!  age  shall  be  specified  in  the  book  or  books  used  for 
S(  100!  registration.  Such  registration  shall  in  all  respects 
n'  t  herein  specified  be  conducted  as  near  as  may  be  in  the 
sj  me  manner  as  the  registration  prescribed  by  the  general 
el  action  laws.  All  laws  of  this  state  for  preserving  the  purity 

0  elections  and  for  preventing  fraud  and  corruption  in  regis- 
ti  itions  or  elections  and,  in  all  matters  not  covered  by  the 
p  ovisions  of  this  act,  the  general  election  laws,  shall  apply 
ii  so  far  as  they  are  applicable  to  registrations  and  elections 
u  ider  this  act.     The  first  registration  of  school  electors  in 
a  y  district  of  the  third  class  hereunder  shall  be  made  in 
ej  ch  voting  precinct  of  said  district  on  the  last  Saturday 
p  evious  to  the  date  of  the  annual  school  election  as  fixed  by 
tl  e  law  in  force  in  such  district  when  this  act  shall  go  into 
el  ?ect  and  thereafter  on  the  last   Saturday  preceding  each 
a  mual  school  election  in  each  precinct  of  every  such  district 
n  icessary  changes  shall  be  made  in  the,  registration  lists  by 
tl  e  board  of  registration  of  each  precinct :    Provided,  That 
tl  e  board  of  education  of  any  such  school  district,  whenever 
it  deems  it  advisable,  may  provide  for  a  general  registration 

01  school  electors  in  each  precinct  of  said  district,  but  this 
registration  shall  not  be  earlier  than  ten  days  next  preceding 
tl  e  annual  school  election  in  such  district. 

(355;  SEC.  16.  Notice  of  the  time  and  place  of  holding 
aiiy  registration  or  annual  or  special  election  in  any  school 
d  trict  of  the  third  class  hereunder  shall  be  given  by  the 
city,  village  or  township  clerk,  where  such  registration  or 
election  is  held  at  the  same  time  as  the  city,  village  or  town- 
ship registration  or  election,  and  by  the  secretary  of  the  board 
ol  education,  if  such  registration  or  election  is  held  at  another 
time  than  that  at  which  the  city,  village  or  township  registra- 
tion or  election  is  held.  Such  notice  of  election  shall  be  given 
a  least  ten  days  before  the  election  is  to  be  held,  and  shall 
contain  besides  the  time  and  place  of  the  election,  the  offices 
to  be  filled  and  the  names  of  the  candidates  for  such  offices, 
together  with  a  brief  statement  of  the  substance  of  any  ques- 
tions to  lie  submitted  to  the  school  electors  at  such  election. 
Notice  of  the  holding  of  a  meeting  of  the  board  of  registra- 
tion shall  be  given  at  least  fifteen  days  previous  to  the  time 
o'  holding  same,  and  shall  contain,  beside  the  time  and  place 
o!  holding  it,  a  statement  of  the  object  of  such  meeting. 
Notices  of  registration  or  of  election  in  any  such  district  shall 
h'  written  or  printed  and  posted  in  at  least  three  public 
places  in  each  voting  precinct  of  said  district,  and  shall  be 
published  in  one  or  more  of  the  daily  papers  of  general  cir- 


Registration, 
conduct  of. 


Laws 
applicable. 


First 
registration. 


Subsequent 
registration. 


Proviso, 
general 
registration. 


Notice  of 
registration 

or  election. 


When  given. 


Idem. 


Posting  and 
publication. 


160 


STATE  OF  MICHIGAN. 


Nomination 
of  board  of 
education. 


Petition, 
form  of. 


culation  in  said  district,  if  any  there  be,  at  least  six  times 
within  the  ten  days  next  preceding  the  registration  or  elec- 
tion, and  if  there  is  no  daily  paper  of  general  circulation  in 
said  district,  the  notice  shall  be  published  at  least  once 
within  said  period  in  all  of  the  weekly  newspapers  of  general 
circulation  in  said  district. 

(356)  SEC.  17.     Nominations  for  members  of  the  board 
of  education  of  any  school  district  of  the  third  class  here- 
under  shall  be  made  by  petition  signed  by  not  less  than  fifty 
qualified  school  electors  of  said  district  and  this  petition 
shall'be  filed,  at  least  fifteen  days  before  the  election  at  which 
the  nominee  is  a  candidate,  with  the  clerk  of  the  city,  village 
or  township,  if  the  school  election  is  held  at  the  same  time 
as  the  election  in  the  city,  village  or  township  in  which  said 
district  is  located,  and  with  the  secretary  of  the  board  of 
education  for  said  district,  if  the  election  is  held  at  another 
time  than  that  at  which  the  city,  village  or  township  election 
is  held.    Said  petition  shall  be  substantially  in  the  following 
form :    "We,  the  undersigned,  resident  school  electors  of  the 

school  district  of (here  insert  the  name  of 

the  district)  hereby  nominate 

(here  insert  the  name  of  the  candidate)   as  member  of  the 

board  of  education  for  the  school  district  of 

(here  insert  the  name  of  the  district)."     No  elector  shall 
sign  petitions  for  more  candidates  than  there  are  members 
of  the  board  to  be  elected.    Upon  the  filing  of  such  petition 
the  city,  village  or  township  clerk  or  the  secretary  of  the 
board  of  education,  as  the  case  may  be,  shall  place  the  same 
in  the  public  files  of  his  office  and  within  five  days  preceding 
the  election  shall  certify  the  names  of  all  nominees  to  be 
voted  on  at  said  election  to  the  election  commissioners  for 
said  district. 

(357)  SEC.  18.     The  election  commissioners  for  any  school 
district  of  the  third  class  hereunder  shall  prepare  and  have 
printed  an  official  ballot  for  such  district,  which  shall  be 
substantially  in  the  same  form  as  provided  in  the  general 
election  law,  on  which  shall  be  placed  the  names  of  all  those 
who  have  been  duly  certified  to  them  as  nominees  for  the 
office  of  member  of  the  board  of  education  of  said  school  dis- 
trict.     In  the  printing  of  such  ballots  the  names  shall  be 
arranged  first  alphabetically  and  the  first  one  hundred  bal- 
lots printed  accordingly,  then  the  name  at  the  top  shall  be 
put  at  the  bottom  for  printing  the  second  hundred  and  a 
corresponding  change  shall  be  made  with  each  succeeding 
one  hundred  ballots  printed.    No  party  emblem  or  designa- 
tion shall  be  placed  upon  school  election  ballots.     At  the 
head  of  each  ballot  shall  be  printed  the  words,  "For  Mem- 
bers of  the  Board  of  Education.    Vote  for (here 

insert  the  number  to  be  elected)." 

(358)  SEC.  19.     The  board  of  election  inspectors  in  each 
precinct  of  every  district  of  the  third  class  hereunder  imme- 


Filing  and 
certification. 


Ballot, 
prepara- 
tion of. 


Canvass 
of  vote  in 
precinct. 


GENERAL  SCHOOL  LAWS. 


161 


Returns, 
when  and 
where  made. 


District 
canvass. 


Filing 
of  result. 


;  di.  tely  after  the  close  of  the  polls  at  any  election  shall  can- 
[  va  s  the  votes  cast  in  their  precinct  and  make  a  return 
;  th'  reof  to  the  clerk  of  the  city,  village  or  township,  in  those 
r  dMricts  where  the  school  election  is  held  at  the  same  time 
i  as  that  of  the  city,  village  or  township  in  which  the  district 
or  the  greater  part  thereof  is  situated,  or  to  the  secretary 
[  of  the  board  of  education,  in  those  districts  where  the  elec- 
ti<  i  is  held  at  another  time  than  the  city,  village  or  town- 
sh  p  election.  The  city,  village  or  township  clerk  or  the 
se  retary  of  the  board  of  education,  as  the  case  may  he,  shall 
pi  sent  the  returns  certified  to  him  for  the  whole  district  to 
th  board  of  education  for  said  district  at  its  first  meeting 
t'o  lowing  the  election.  The  board  of  education  of  each  such 
di  trict  shall  convene  at  the  usual  hour  and  place  of  meeting 
on  the  Thursday  next  succeeding  any  election  and  shall  cap- 
l  va  ;s  the  returns  of  the  votes  cast  for  all  candidates  for  the 
oti  ce  of  member  of  th<>  board  of  education  and  on  any  ques- 
ti<  n  or  questions  submitted  to  the  voters  of  the  district  at 
su  -h  election,  according  to  the  returns  tiled  with  them  by  the 
eh  rk  or  secretary,  as  the  case  may  be.  When  such  canvass 
sh  ill  be  finished  the  secretary  of  the  board  of  education 
sh  ill  prepare  a  certificate  in  triplicate  under  the  corporate 
se  1  of  the  district  setting  out  the  findings  of  the  board  in 
th  •  matter  of  the  election  and  giving  in  detail  the  number 
of  ballots  cast  for  each  candidate  and  the  number  of  ballots 
[  ca  <t  for  or  against  any  proposition  or  question  submitted  to 
th  •  electors  at  such  election,  one  copy  of  which  he  shall  file 
in  the  office  of  the  county  clerk  of  the  county,  one  in  the 
oil  ce  of  the  clerk  of  the  city,  village  or  township,  in  which 
th  '  said  district  or  the  greater  part  thereof  is  situated,  and 
on  '  in  his  own  otlice.  At  the  first  election  held  under  this 
I  ac ;  in  any  such  district  the  two  persons  receiving  the  highest 
number  of  votes  for  members  of  the  board  of  education  shall 
be  declared  elected  to  such  office  for  the  term  of  six  years, 
th"  two  receiving  the  next  highest  number  of  votes  shall  be 
de  -lared  elected  to  such  office  for  the  term  of  four  years,  and 
tli-  two  receiving  the  next  highest  number  of  votes  shall  be 
de-lared  elected  to  such  otlice  for  the  term  of  two  years.  In 
all  succeeding  elections  in  any  such  district  the  person  or 
persons  receiving  the  highest  number  of  votes  for  the  office 
voted  for  shall  be  declared  elected  to  the  same  by  the  board 
of  education.  If  at  any  election  two  or  more  persons  shall 
re  -eive  an  equal  number  of  votes  for  the  same  ollice,  the  board 
of  education  shall  choose  one  of  said  persons  by  lot  as  the 
person  who  shall  till  the  ollice.  Within  live  days  after  the 
completion  of  the  canvass,  the  secretary  of  the  board  of  edu- 
cation shall  notify  in  writing  each  person  declared  elected  of 
hi>  election,  and  within  ten  days  after  receipt  of  such  notice, 
each  person  receiving  the  same  shall  tile  with  the  secretary 
}\\<  written  acceptance  of  the  otlice  to  which  he  has  been 

(icted  and  shall  qualify  by  taking  and  subscribing  the  oath 


Who  deemed 
elected. 


When 

plurality 

elects. 


Tie  vote. 


Notice  to 

person 

elected. 


Acceptance 
and  oath. 


162 


STATE  OF  MICHIGAN. 


office 
vacat.8 


How 
supplied. 


Special 
election 
to  fill. 


of  office  required  by  the  constitution  and  filing  the  same  with 
the  secretary  of  the  board. 

(359)  SEC.  20.     The  office  of  a  member  of  the  board  of 
education  of  any  district  of  the  third  class  hereunder  shall 
become  vacant  immediately  upon  the  happening  of  any  of  the 
following  events:    The  death  of  the  incumbent,  his  resigna- 
tion, his  removal  from  office,  his  removal  from  the  district, 
his  conviction  of  any  infamous  crime,  his  neglect  to  file  his 
acceptance  of  office,  or  his  refusal  to  give  or  renew  any  official 
bond,  within  the  prescribed  time  or  his  ceasing  to  be  a  tax- 
payer in  the  school  district.    In  case  of  a  vacancy  or  vacancies 
in  the  -office  of  member  of  the  board  of  education  in  any  such 
district,  the  remaining  members  of  the  board,  if  three  or  more 
in  number,  shall  immediately  appoint  a  qualified  elector  to  fill 
the  vacant  office  or  offices.    In  the  event  that  the  offices  of 
four  or  more  of  the  members  of  the  said  school  board  become 
or  are  vacant  at  the  same  time,  the  remaining  members  of 
the  board,  if  such  there  be,  shall  call  immediately  a  special 
election  of  the  district  to  fill  such  vacancies,  and  if  such 
election  is  not  called  by  the  remaining  members  of  the  board 
within  twenty  days  after  the  happening  of  four  or  more 
vacancies,  or  if  all  of  the  offices  of  the  members  of  the  board 
shall  become  vacant,  the  clerk  of  the  city,  village  or  township 
in  which  the  district  or  the  greater  portion  thereof  is  situ- 
ated shall  call  a  special  election  for  said  district  to  fill  the 
existing  vacancies.    Any  person  elected  or  appointed  to  fill 
a  vacancy  in  the  board  of  education  of  any  district  of  the 
third  class  hereunder  shall  file  his  acceptance  and  qualify 
as  hereinbefore  provided  and  shall  hold  such  office  until  the 
next  succeeding  annual  election,  at  which  time  the  electors  of 
said  district  shall  vote  for  nominees  to  fill  such  office  for  the 
unexpired  portion  of  the  term. 

(360)  SBC.  21.     The  members  of  the  board  of  education 
of  any  district  of  the  third  class  hereunder  elected  at  the 
first  election  held  under  this  act  shall  meet  on  the  second 
Monday  of  July  succeeding  their  election  and  annually  on 
the  same  day  thereafter,  and  organize  the  board  by  electing 
from  their  number  a  president,  and  secretary  and  a  treas- 
urer who  need  not  be  one  of  their  number.    The  said  board 
shall  hold  regular  meetings  on  the  second  Monday  of  each 
month  or  on  such  other  day  or  days  as  it  may  in  its  by-laws 
provide.    The  said  board  may  in  its  by-laws  provide  for  call- 
ing and  holding  special  meetings.    A  majority  of  the  board 
shall  constitute  a  quorum  and  it  shall  keep  a  proper  record 
of  all  of  its  proceedings. 

(361)  SBC.  22.    The  duties  of  the  treasurer  of  such  board 
shall  be  to  keep  the  funds  of  said  district,  to  keep  proper 
books  of  account  thereof,  to  keep  an  interest  account  of  the 
interest  received  from  all  school  funds  belonging  to  the  dis 
trict  and  credit  all  interest  received  thereon  to  said  fund* 
to  pay  out  the  funds  belonging  to  the  school  district  for  tl 


President, 
secretary  and 
treasurer. 


Meetings. 


Quorum. 


Duties  of 
treasurer. 


GENERAL  SCHOOL  LAWS. 


163 


Duties  of 
secretary. 


Powers  and 
duties  of 
board. 


Sites, 

buildings, 

etc. 


pi  rposes  specified  by  law,  or  in  the  case  of  gifts  or  donations 
fo  •'  the  purposes  for  which  said  money  is  given  or  donated, 
01  a  proper  order  signed  by  the  secretary  and  countersigned 
b}  the  president  of  the  said  board,  and  such  other  duties 
as  the  said  board  may  in  its  by-laws  prescribe.  The  said 
b<  ird  may  prescribe  the  duties  of  the  secretary,  and  provide 
fo  •  the  salary  to  be  paid  to  the  secretary  and  treasurer  thereof 
ai  d  may  require  proper  bonds  from  such  officers.  No  mem- 
b<  r  of  such  board  of  education  or  officer  thereof  except  the 
sc  iretary  and  treasurer  shall  receive  any  compensation  for 
ai  y  service  rendered  the  district  and  no  member  of  such 
b(  ard  of  education  or  any  officer  thereof  shall  be  pecuniarily 
in  :erested  in  any  way,  directly  or  indirectly,  in  any  contract 
w  th  or  for  the  schools  of  his  district.  No  member  of  any 
si  ch  board  shall  be  eligible  to  appointment  to  any  position 
cj  frying  with  it  compensation  from  the  school  funds  for  the 
sj  ace  of  at  least  one  year  following  his  retirement  therefrom. 

(362)  SEC.  23.  The  board  of  education  of  any  school  dis- 
ti  ct  of  the  third  class  hereunder  shall  have  the  following 
p<  wers  and  duties : 

(a)  To  locate,  acquire,  purchase  or  lease  in  the  name  of 
tie  district  such  site  or  sites  for  schoolhouses,  libraries, 
aj  ricultural  farms,  athletic  fields  and  play  grounds  as  may 
IK  necessary,  to  purchase,  lease,  acquire,  erect  or  build  such 
bi  ilding  for  school  or  library  or  for  use  in  connection  with 
agricultural  farms,  athletic  fields  and  play  grounds,  as  may 
bt  necessary,  to  pay  for  the  same  out  of  the  funds  of  the 
district  provided  for  that  purpose,  to  sell  any  real  or  per- 
sonal property  of  the  district  which  is  no  longer  required 
thereby  for  school  purposes  and  to  give  proper  deeds,  bills 
of  sale  or  other  instruments  passing  title  to  the  same; 

(1))  To  institute  and  maintain  proceedings  in  the  proper 
court  for  the  condemnation  of  private  property  for  public 
u^e  for  all  purposes  for  which  said  board  is  authorized  by  law 
to  acquire  and  hold  property,  when  said  board  shall  have 
fii«t  declared  the  taking  necessary  for  such  use  and  that  the 
same  is  for  the  use  and  benefit  of  the  public.  When  the  board 
shall  have  made  such  declaration  such  condemnation  proceed- 
ings sliall  be  instituted  and  conducted  in  the  court  specified 
ai  d  in  the  manner  provided  by  the  general  laws  of  the  state 
relating  to  the  condemnation  of  private  property  for  public 
use; 

(c)  To  establish  and  carry  on  such  grades,  schools  and 
departments  or  courses  of  study  as  it  shall  deem  necessary 
01  desirable  for  the  maintenance  and  improvement  of  public 
ecucation; 

(d)  To  establish,  equip  and  maintain  agricultural,  trade 
and  other  vocational  schools  and,  if  deemed  necessary  by 
si  ch  board,  to  acquire  land  outside  the  limits  of  the  said 
school  district  therefor,  and  to  have  general  control  thereover 

r  school  purposes; 


Condemna- 
tion of 
property. 


Grades,  de- 
partments, 
etc. 


Vocational 
schools. 


164 


STATE  OF  MICHIGAN. 


Borrow 
money. 


Proviso. 


Idem. 


Proviso. 


Care  and 
custody  of 
property. 


Term  time. 


Library  or 
museum. 


Board  of 
library  com- 
missioners. 


(e)  To  borrow  for  temporary  school  purposes  such  sum 
or  snips  of  money  and  on  such  terms  as  it  may  deem  desirable 
and  to  give  notes  of  the  district  therefor :    Provided,  That  no 
such  loan  shall  be  made  for  any  sum  which  together  with  the 
total  amount  of  any  outstanding  loan  or  loans  for  such  pur- 
poses shall  exceed  the  sum  of  ten  dollars  per  capita  of  the 
school  population  of  the  district ; 

(f )  To  borrow  such  sum  or  sums  of  money  as  it  may  deem 
necessary  to  purchase  sites  for  buildings,  play  grounds,  ath- 
letic fields  or  agricultural  farms  and  to  purchase  or  erect 
and  equip  any  building  or  buildings  which  it  is  authorized 
to  purchase  and  erect,  .or  to  make  any  permanent  improve- 
ment which  it  is  authorized  to  make,  and  to  accomplish  this 
by  the  issue  and  sale  of  bonds  of  such  school  district  in  such 
form  or  on  such  terms  as  the  board  may  deem  advisable,  or  by 
any  other  reasonable  means :    Provided,  That  no  loan  shall  be 
made  and  no  bonds  shall  be  issued  for  a  longer  term  than 
twenty  years  nor  for  any  sum  which  together  with  the  total 
outstanding  indebtedness  of  the  district  shall  exceed  two  per 
cent  on  the  assessed  valuation  of  the  taxable  property  within 
such  district  unless  the  proposition  of  making  such  loan  or 
of  issuing  bonds  shall  have  been  submitted  first  to  a  vote  of 
the  school  electors  of  the  district  at  a  general  or  special  school 
election  and  approved  by  a  majority  of  the  electors  actually 
voting  on  the  same,  in  which  event  loans  may  be  made  or 
bonds  may  be  issued  for  the  purposes  hereinbefore  set  forth 
in  an  amount  which  together  with  the  total  outstanding 
indebtedness  of  the  district  shall  not  exceed  five  per  cent  on 
the  assessed  valuation  of  the  taxable  property  within  the 
district ; 

(g)  To  have  the  care  and  custody  of  all  school  property 
and  to  provide  suitable  school  privileges,  sanitary  conditions, 
and  medical  inspection  for  the  schools  of  the  district; 

(h)  To  fix  the  length  of  time  school  shall  be  kept  in  all  of 
the  schools  of  the  district  and  to  keep  the  said  schools  open 
and  free  to  all  persons  over  five  years  of  age,  residents  of 
the  district ; 

(i)  To  establish  and  maintain  or  continue  a  library  or 
art  museum  for  the  public  schools  of  the  district,  if  it  shall 
deem  it  advisable  to  do  so,  and  to  provide  for  its  care  and 
management.  For  this  purpose  said  board  of  education  may 
appoint  librarians  and  hire  other  employes  for  such  library 
or  museum  and  fix  their  salaries,  may  purchase  such  books 
and  apparatus  as  may  be  necessary,  and  may  include  in  the 
general  budget  for  the  purpose  of  the  schools  such  sums  as 
may  be  necessary  for  buildings  for,  and  for  the  maintenance 
and  support  of,  any  library  or  art  museum  established,  and 
such  board  of  education  may  appoint  a  board  of  library  com- 
missioners of  not  to  exceed  seven  persons.  Such  library  board 
shall  have  control  and  direction  of  the  public  library  < 
t  libraries  in  such  district  subject  to  the  approval  of  the  boai 


GENERAL  SCHOOL  LAWS. 


165 


Census. 


Annual 
report. 


civil  service. 


Superin- 
tendent. 


<  f  education  therein,  and  shall  keep  a   correct  record  of  its 
]  roceedings.      All   moneys    for   anv   such    libraries    including 
i  le  lines  devoted   by  law   to   the   maintenance  of  district  or 
;-  ihool  libraries  in   such  district,  which   when  collected  shall 
le  paid  to  the  treasure!*  of  the  board  of  education  therein, 

lall  be  kept  by  said  treasurer  and  paid  out  by  him  on  the 

<  rder  of  the  board  of  library  commissioners  approved  by  the 
s3Cretary  of  the  boa  I'd  of  education: 

ip  To  provide  for  the  taking  of  a  school  census  as 
]  aquired  by  law; 

ik)      To  make  an  annual  report   to  the  superintendent  of 
ublic  instruction  at  such  time  and  in  such  form  as  he  may 
]  rescribe : 

ih     To  adopt  if  it   shall  deem  it  advisable,  civil  service 
ules  for  the  appointment  of  teachers  who  have  satisfactorily 
.i  M-\ed  a  probationary  period  of  not  less  than  three  years  in 
i  tie  schools  of  said  district ; 

im)     To   contract   with,   appoint   and    employ   a    sun 
I  erson.   not   a    member  of   said   board,   who   shall   be   a   col- 
]  ige  graduate  or  have  educational  qualifications  equivalent 
;  hereto,  as  superintendent  of  the  public  schools  under  the 

<  ontrol  of  the  board,  who  shall  hold  his  office  for  a  term 
i  xed   by  the  board   and  not  to  exceed  five  years,  and  shall 
1  ave  the  same  powers  and  duties  as  the  superintendent  of  a 
j  raded  school  district  under  the  laws  of  this  stat": 

MII  To  appoint,  in  its  discretion,  a  business  manager  for 
the  school  district  and  fix  his  term  of  office: 

(o)  To  make  an  estimate  annually  on  a  day  to  be  deter- 
i  lined  by  the  board  of  the  amount  of  taxes  deemed  necessary 
for  the  ensuing  year  for  the  purpose  of  expenditure  within 
the  power  of  the  board,  which  estimate  shall  specify  the 
;  mounts  required  for  the  different  objects,  and  to  report  the 
same  as  the  regular  school  tax  levy  for  such  district  to  the 
proper  assessing  officer  or  ollieers.  who  shall  apportion  the 
school  taxes  in  the  district  in  the  same  manner  as  the  other 
taxes  of  the  city,  village  or  township  are  apportioned,  and 
the  amount  so  apportioned  shall  be  assessed,  levied,  collected 
;  nd  returned  for  each  portion  of  the  district  in  the  same 
manner  as  the  taxes  of  the  city,  village  or  township  includ- 
ing such  portion  of  the  district:  Provided.  That  no  greater 
Mini  than  twelve  mills  on  the  dollar  shall  be  levied  in  any 
one  year  for  all  purposes  within  the  power  of  the  board  :  and 
provided  in  all  school  districts  hereunder  in  cities  having  a 
board  of  estimates  the  amount  shall  be  approved  by  such 

I  board  of  estimates  before  levy  shall  be  made: 
i  in      To  certify   to  the  treasurer  of  the  district  for  pay- 
ent  out  of  the  school  funds  thereof  all  claims  and  demands 
gainst   the  board  or  district,  which   shall   be  allowed   by   the 
»ard  under  such  rules  and   regulations  as  it    may  estabpsh: 
H|  i      To  print  and  publish  immediately  after  each  me   ling 
n  such  manner  as  the  board  shall  decide  all  proceeding  of 


Business 
manager. 

Annual 
estimate. 


Proviso, 
limit. 


C4aims. 


Reports. 


160 


STATE  OF  MICHIGAN. 


When  general 
laws  to 
govern. 


Acts  repealed. 


Referendum. 


the  board  at  such  meeting  and  to  make  and  publish  annually, 
at  the  end  of  the  fiscal  year,  in  some  daily  or  weekly  news- 
paper of  general  circulation  in  said  district,  either  separately 
or  in  connection  with  the  report  or  reports  of  the  city,  village 
or  township  in  which  the  said  district  or  the  greater  part 
thereof  is  situated,  a  complete  report  of  all  its  receipts  and 
expenditures ; 

(r)  And  in  general  to  do  anything  not  inconsistent  with 
this  act  which  is  necessary  for  the  proper  establishment, 
maintenance,  management  and  carrying  on  of  the  public 
schools  of  such  district. 

(363)  SEC.  24.     In  all  matters  pertaining  to  the  public 
schools  not  provided  for  in  this  act  the  general  school  laws 
of  the  state  shall  govern  and  be  in  effect. 

(364)  SEC.  25.    From  and  after  the  time  when  this  act 
shall  go  into  effect  according  to  its  terms  all  acts  or  parts 
of  acts  whether  local,  special  or  general,  in  any  wise  con- 
travening any  of  the  provisions  of  this  act  shall  be  repealed. 

(365)  SEC.  26.    The  foregoing  provisions  of  this  act  shall 
not  take  effect  in  any  school  district  having  a  population 
which  brings  it  within  the  classification  provided  for  by  this 
act  until  approved  by  a  majority  of  the  school  electors  of 
such   district  voting  thereon  at  an   election  at  which   the 
question  of  the  adoption  of  this  act  for  that  district  is  prop- 
erly  submitted.     At   some   regular   annual   school   election 
within  three  calendar  years  after  the  passage  of  this  act,  in 
each  school  district  having  a  population  of  five  hundred  or 
more  and  less  than  seventy-five  thousand,  ascertained  in  the 
manner  hereinbefore  provided,  the  question  of  the  adoption 
of  this  act  for  said  district  shall  be  submitted  by  the  proper 
officers  to  the  school  electors  of  said  district.     In  each  dis- 
trict which  shall  thereafter  attain  a  population  of  five  hun- 
dred or  more  and  less  than  seventy-five  thousand  ascertained 
in  the  same  manner,  the  question  of  the  adoption  of  this  act 
for  such  district  shall  be  submitted  to  the  school  electors 
thereof  at  the  annual  school  election  following  the  attain- 
ment of  such  a  populationr  ascertained  as  hereinbefore  pro- 
vided.    In  any  district  having  a  population  described  the 
question  of  the  adoption  of  this  act  for  such  district  shall 
be  resubmitted  to  the  school  electors  thereof  at  the  next 
annual  election  whenever  a  petition  asking  for  such  resub- 
mission  at  the  next  annual  election  of  the  district,  signed  by 
at  least  fifteen  per  cent  of  the  school  electors  thereof,  shall 
be  filed  with  the  election  commissioners  of  the  district  at 
least  thirty  days  before  such  meeting  or  election.    The  vote 
upon  the  question  shall  be  by  ballot  which  shall  be  in  sub- 
stantially the  following  form : 

"Vote  "on  proposition  to  adopt  the  act  classifying  school 
districts  having  a  population  of  five  hundred  or  more  and 
less  than  seventy-five  thousand,  as  districts  of  the  third  and 
fourth  classes,  and  providing  for  the  government,  control  and 


When  sub- 
mitted. 


Resubmission 


Form  of 
ballot. 


GENERAL  SCHOOL  LAWS. 


107 


it  Iministration    of    such    school    districts    and    the    schools 
t!  erein. 

•   "Make  a  cross  in  the  appropriate  square  below. 
"Shall  the  act  classifying  school  districts  having  a  popu- 
1.  tion  of  five  hundred  or  more  and  less  than  seventy-five  thou- 
s  nd  as  districts  of  the  third  and  fourth  classes,  and  pro- 
v  ding  for  the  government,  control  and  administration  of 
s  ich  school  districts  and  the  schools  therein  be  adopted. 
"Yes     (   ). 
"No      (   )." 
Such  ballots  shall  be  furnished  by  the  board  of  education   HOW 

0  '  any  district  in  which  the  vote  is  taken,  and  shall  be  depos- 

1  ed  in  a  ballot  box  provided  for  that  purpose  in  each  voting 

j  recinct  of  the  district.  Such  ballots  shall  be  cast,  and  can-  Howcan- 
\  issed  and  the  results  of  the  election  certified  in  each  school 
c  istrict  in  the  same  manner  as  are  ballots  on  any  school 
:  c  nestion  submitted  to  the  school  electors  of  such  district.  If 
t  le  majority  of  the  qualified  school  electors  of  any  district 
^  ote  in  favor  of  the  adoption  of  this  act,  then  the  provisions 
1  ereof  shall  be  in  full  force  and  effect  in  such  district  and  not 
i  therwise. 

(366)  SEC.  27.  The  laws  governing  the  public  schools  in 
}  ny  district  having  the  population  provided  for  herein  in  force. 
1  >rce  therein  at  the  time  of  the  adoption  of  this  act  by  the 
c  lectors  of  such  district  shall  continue  in  force  and  the  board 
c  f  education  of  said  district  as  provided  for  in  such  laws 
sliall  continue  to  act  as  the  board  of  education  therefor,  until 


furnished. 


a  new  board  shall  be  elected  and  organized  as  herein  pro- 
\  ided,  after  which  time  the  board  of  education  as  heretofore 
constituted  in  such  district  shall  turn  over  to  the  new  board 
cf  education,  elected  under  this  act,  all  the  property,  books, 
records,  material,  money  and  effects  belonging  to  such  school 
c  istrict,  and  thereafter  the  board  provided  for  by  this  act  and 
'  :s  successors  shall  be  responsible  therefor. 


An  Act  relative  to  free  schools  of  cities  having  a  population  of  two 
hundred  fifty  thousand  or  over,  and  comprising  a  single  school 
district. 

[Act  65,  P.  A.  1919.J 

The  People  of  the  State  of  Michigan  enact: 

(367)  SECTION  1.  The  board  of  education  of  any  city  hav- 
ing  a  population  of  two  hundred  fifty  thmisand  or  over,  com- 
prising a  single  school  district,  may  exercise  any  power 
lierein  stated,  and  shall  have  such  rights  as  are  herein  given, 
id  shall  be  governed  hereby  with  respect  to  things  herein 
ited,  notwithstanding  the  provisions  of  any  general  law  or 
special  act  to  the  contrary. 


168 


STATE  OF  MICHIGAN. 


Members,  how 
nominated. 

Boundaries  of 
district. 


Proviso, 
facilities  for 
outsiders. 


Liability    of 

divided 

district. 


Unpaid  taxes. 


Primary 

school 

money. 


Ratio  of 
unexpended 
school  taxea. 


Title  to  school 
property. 


Annual 
budget. 


Fiscal  year. 


Contracts 
for  work, 
etc. 


Cafeteria 
for  pupils. 


Gifts  of 

land. 


(368)  SEC.  2.    Its  members  shall  be  nominated  as  shall  be 
provided  by  law  for  the  nomination  of  officers  of  the  city. 

(369)  SEC.  3.     Its  boundaries  are  hereby  made  and  shall 
be  co-extensive   with   the   boundaries   of   the   city   and   any 
change   in   the   latter    shall   automatically    work    the    same 
change  in  the  former :    Provided,  however,  If  in  the  annexa- 
tion to  the  city  of  a  portion  of  an  adjoining  school  district, 
the  remainder  shall  be  without  school  facilities,  it  shall  fur- 
nish school  facilities  to  such  remainder,  on  being  paid  there- 
1'or  a  sum  of  money  equal  to  the  amount  such  remainder 
would  raise  in  taxes  for  school  purposes,  if  such  remainder 
was  a  part  of  the  city's  school  district.    It  shall  assume  and 
pny  the  debts  and  liabilities  of  the  district  thus  divided.     It 
shall  take  possession  of  the  sinking  fund,  if  any  exists,  of  the 
district  thus  divided.     It  shall  take  and  have  the  right  to 
collect  all  unpaid  school  taxes  of  the  portion  of  the  district 
taken.     It  shall  take,  based  on  the  last  school  census,  such 
part  of  the  primary  school  money  unexpended  and  in  the 
treasury  of  the  district,  thus  divided,  as  the  number  of  chil- 
dren of  school  age  in  the  portion  taken  bears  to  the  number 
of  children  of  school  age,  in  the  whole  district  thus  divided. 
It  shall  take  and  receive  such  portion  of  the  unexpended 
school  taxes  collected  and  in  the  treasury  of  the  district  thus 
divided,  as  the  assessed  value  of  the  portion  taken  bears  to 
the  whole  district  thus  divided.    In  other  cases,  it  shall  have 
no   obligation   or  responsibility   towards   the   remainder   or 
portion  of  district  not  annexed.     It  shall  have  title  to  all 
public  school  property  within  its  boundaries  and  in  any  addi- 
tion thereto,  whether  by  law  or  by  annexation  proceedings, 
title  to  any  of  the  public  school  property  in  the  portion  added 
or  taken,  shall  pass  to  it. 

(370)  SEC.  4.    Its  annual  budget  shall  be  prepared  at  the 
some  time  and  in  the  same  way,  as  the  city's  budget,  and  shall 
be  submitted  to  and  considered  by  the  same  board  or  officers. 

(371)  SEC.  5.    Its  fiscal  year  shall  be  identical  with  that 
of  the  city. 

(372)  SEC.  6.     It  may  authorize  a  contract  for  work  or 
services  before  the  money  is  available,  if  an  appropriation  or 
an  authorization  of  bonds  has  been  made  for  it  and  may, 
after  an  appropriation  or  an  authorization  of  bonds  has  been 
made,  authorize  its  financial  officers  to  borrow,  on  the  best 
terms   obtainable   on   the   credit   of   such   appropriation    or 
authorization  of  bonds,  any  sums  necessary  to  make  any  pay- 
ments demanded  by  said  contracts. 

(373)  SEC.  7.    It  may  sell  meals  to  the  pupils,  but  not  at  a 
financial  loss  to  the  district.    It  may  make  a  contract  for  this 
privilege  for  a  period  of  not  more  than  three  years,  or  it  may 
engage  directly  in  the  business. 

(374)  SEC.  8.     It  may  use  and  may  take,  without  restric- 
tion as  to  location  or  amount,  land  by  gift  or  devise. 


I 


I 


GENERAL   SCHOOL   LAWS. 


169 


i.'!7.">i  SKC.  1).  It  shall  have  full  power  over  its  employes, 
;  lay  specify  tlie  duties  to  be  performed  by  them,  and  fix  the 
•  ualiticatioiis  necessary  for  any  position,  notwithstanding 
.  ny  general  or  special  law  to  the  contrary. 

(370)  SEC.  10.  It  may  establish,  maintain  and  conduct  a 
i  arental  or  truant  school  for  the  purpose  of  affording  a  place 

<  f  confinement,   discipline,   ihstruction  and    maintenance  of 

<  hildren  of  the  city  of  compulsory  school  age,  who  may  be 

iommitted  thereto  by  a  court  of  competent  jurisdiction,  or 
dmitted  thereto  on  the  recommendation  of  such  judge  with 
he  consent  of  their  parents  or  guardians.     It  shall  give  no 
eligious   instruction   in   such   school,   nor   shall   it   furnish 
lothing  to  any  child  and  no  child  shall  be  committed  or 
dmitted  thereto  who  has  ever  been  convicted  of  any  offense, 
iiinishable  by  confinement  in  any  penal  institution. 
i:!77i       SKC.   11.      Whenever    it    or    its    financial    officers 
t tempt   to  sell  bonds,  the  proceeds  of  which  are  to  be  used 
or  school  purposes  and  the  bonds  are  not  sold,  all  the  pro- 
•eedings  which  do  not  affect  or  bear  upon  the  objection,  or 
Usability  which  rendered  the  sale  impossible,  shall  be  valid 
i  ml  effectual  and  may  be  used  to  support  a  subsequent  sale, 
vhen  the  objection  or  disability  has  been  removed. 

i  :!7s  i  SK<  -.  li*.  Bonds  for  the  purpose  of  the  schools  may 
•e  issued  as  herein  and  as  otherwise  heretofore  provided,  but 
diall  bear  interest  at  a  rate  not  exceeding  five  per  cent  per 
innnm  :  they  may  be  issued  serially  or  all  made  to  mature  at  a 
ixed  time,  n  the  latter,  a  sinking  fund  shall  be  created 
to  provide  for  their  payment,  but  if  the  city  has  a  sinking 
:'und,  and  by  custom  or  law  the  debt  of  the  school  district  has 
been  provided  for  by  the  city's  sinking  fund,  this  may  be  con- 
tinued and  all  of  said  city  oMicers  charged  with  this  duty  are 
for  this  purpose  ex-otlicio  made  the  officers  of  the  school 
district. 

i.">7'.n  SK  .  i:;.  In  addition  to  its  other  powers,  it  may 
\vith  the  consent  of  the  legislative  body  of  the  city,  authorize 
its  financial  o  ftcerfi  to  borrow  for  a  period  of  one  year  or  less, 
on  the  best  terms  obtainable,  any  sums  necessary  to  pay  any 
awards  in  condemnation  proceed!  r. 

80)  SKC.  11.  Any  local  agency  or  local  officer  charged 
by  special  or  local  act  passed  by  the  state  legislature,  with 
any  duty  or  responsibility  to  any  school  or  school  district,  is 
hereby  on  the  revision  or  amendment  of  said  act  by  local 
authority  made  the  agent  or  officer  "f  1he  school  district  for 
the  performance  of  the  said  duty  and  the  discharge  of  the 
said  responsibility. 

-I  i  SKI-.  ir>.  It  shall  have  no  power  to  admit  pupils, 
both  of  whose  parents  live  outside  the  city,  to  its  schools 
without  payment  of  a  tuition  fee,  nor  shall  it  exercise  any 
power  herein  conferred  except  in  the  manner  provided  by  law 
for  its  guidance. 

Sec.  16  declares  this  act  to  be  immediately  necessary  for  the  preservation  of 
the  public  peace,  health  and  safety. 


Powers 
relative  to 
employes. 


Truant 
school. 


Unsold  bonds, 
validity  of. 


Rate  of 
Interest  on 
bonds,  etc. 


Sinking  fund. 


Short  term 
loans. 


Local 

officer  in;ulf 
agent  of 

district. 


Tuition  for 
non-resident 
pupils. 


170 


STATE  OF  MICHIGAN. 


Boards  to 
collect  fees 
from  appli- 
cants for 
certificates. 


When  to  be 
collected  by 
director,  etc. 
of  school 
board. 


Receipt. 


Disposition 
of  fees. 


Annual 
county 
institute. 


TEACHERS'  INSTITUTES. 

An  Act  to  provide  for  the  better  support  of  teachers'  institutes,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine, 
three  thousand  seven  hundred  and  ninety,  and  three  thousand  seven 
hundred  and  ninety -one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 

[Act  53,  P.  A.  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(382)  §  5970.     SECTION  1.     That  all  boards  or  officers, 
authorized  by  law  to  examine  applicants  for  certificates  of 
qualification  as  teachers,  shall  collect,  at  the  time  of  examina- 
tion, from  each  male  applicant  for  a  certificate,  an  annual  fee 
of  one  dollar,  and  from  each  female  applicant  for  a  certifi- 
cate, an  annual  fee  of  fifty  cents,  and  the  director  and  secre- 
tary of  any  school  board  that  shall  employ  any  teacher  who 
has  not  paid  the  fee  hereinbefore  provided,  shall  collect,  at 
the  time  of  making  contract,   from  each  male  teacher  so 
employed,  an  annual  fee  of  one  dollar,  and  from  each  female 
teacher  so  employed,  an  annual  fee  of  fifty  cents.    All  per- 
sons paying  a  fee  as  required  by  this  section,  shall  be  given  a 
receipt  for  the  same,  and  no  person  shall  be  required  to  pay 
said  fee  more  than  once  in  any  school  year. 

ACT  VALID:  This  act  does  not  conflict  with  Const.,  Art.  X,  section  1, 
on  the  ground  that  the  fees  are  specific  ta.\ca  ;  nor  on  the  ground  that  the  fees 
are  not  uniform.  This  section  is  not  defective,  incomplete,  ineffectual  and  is 
valid. — Hammond  v.  School  Board,  109  /  676. 

(383)  §  5971.     SEC.  2.     All  such  fees,  collected  by  the 
director  or  secretary  of  any  school  board,  shall  be  paid  over 
to  the  secretary  of  the  county  board  of  school  examiners  of 
the  county  in  which  they  were  collected,  on  or  before  the 
fifteenth   day   of   March,   June,    September   and    December, 
accompanied  by  a  list  of  those  persons  from  whom  they  were 
collected,  and  all  of  such  fees,  together  with  all  those  that 
shall  be  collected  by  the  county  board  of  school  examiners, 
shall  be  paid  over  by  the  secretary  of  said  board  of  school 
examiners  to  the  treasurer  of  the  county  in  which  they  were 
collected,  on  or  before  the  last  day  of  March,  June,  September 
and  December,  in  each  year,  accompanied  by  a  complete  list 
of  all  persons  from  whom  said  fees  were  collected,  and  a  like 
list,  accompanied  by  a  statement  from  the  county  treasurer 
that  said  fees  have  been  paid  to  him,  shall  be  sent  by  said 
secretary  to  the  superintendent  of  public  instruction.     All 
moneys  "paid  over  to  the  county  treasurer,  as  provided  by 
this  act,  shall  be  set  apart  as  a  teacher's  institute  fund,  to 
be  used  as  hereinafter  provided. 

(384)  §  5972.      SEC*  3.     The    superintendent   of   public 
instruction  shall  annually  appoint  a  time  and  place  in  each 


GENERAL  SCHOOL  LAWS. 


171 


<  "ganized  county  for  holding  a  teachers'  institute,  make  suit- 
able arrangements  therefor,   and   give  due  notice   thereof: 
3  rovided,  That  in  organized  counties  having  less  than  one   proviso, 
1  lousand  children  between  the  ages  of  five  and  twenty  years,   ^t°hn8(,>1ppte1?na 
lie  holding  of  such  institute  shall  be  optional  with  the  said   int«-n<ient. 
>  uperintendent,  unless  requested  to  hold  such   institute  by 
i  fteen  teachers  of  the  county  in  which  such  institute  is  to  be 
1  eld :    Provided,  however,  That  if  there  shall  not  be  a  suffi-  proviso. 
( lent  number  of  teachers  in  any  county  to  make  such  request, 
hen  teachers  of  adjoining  counties  who  desire  to  attend  such 
Qstitute  may  unite  in  the  required  application  to  said  super- 
ntendent :    Provided,  also,  That  the  said  superintendent  may,  Proviso, 
n  his  discretion,  hold  an  institute  for  the  benefit  of  two  or 
Qore  adjoining  counties,  and  draw  the  institute  fund  from 
;ach  of  the  counties  thus  benefited,  as  hereinafter  provided. 
(385)      §  5973.      SEC.  4.      The    superintendent    of    public   in  case  of 

', .  .  ••«_••••.  inability  of 

nstruction,  in  case  of  inability  personally  to  conduct  any  superin- 
nstitute,  or  to  make  the  necessary  arrangements  for  holding  tendent- 
the  same,  is  hereby  authorized  to  appoint  some  suitable  per- 
son for  that  purpose,  who  shall  be  subject  to  the  direction  of 
<aid  superintendent.    Every  teacher  attending  any  institute  certificates  of 
held  in  accordance  with  the  provisions  of  this  act,  shall  be  attendance- 
given  by  the  superintendent  of  public  instruction,  or  by  the 
duly  appointed  conductor,  a  certificate  setting  forth  at  what 
sessions  of  said  institute  such  teacher  shall  have  been   in 
attendance,  and  any  teacher  who  shall  have  closed  his  or  her  Teachers  at- 
school,  in  order  to  attend  said  institute,  shall  not  forfeit  his   tonforfeitot 
or  her  wages  as  teacher,  during  such  time  as  he  or  she  shall   wages, 
have  been  in  attendance  at  said  institute,  and  the  certificate 
hereinbefore  provided  shall  be  evidence  of  such  attendance. 

(386)  §  5974.    SEC.  5.    For  the  purpose  of  defraying  the  Expense  of 
expenses  of  rooms,  fires,  lights,  or  other  necessary  charges,   ^pahi'. 
and  for  procuring  teachers  and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  of  the  county  clerk  of  each  county  for 

the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 
draw  an  order  on  the  county  treasurer  of  his  county  for  such 
sum,  not  exceeding  the  amount  of  the  institute  fund  in  the 
county  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute ;  and  the  treasurer  of  said  county  is  hereby  ' 
n-quired  to  pay  over  to  said  superintendent  or  duly  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order. 

(387)  §  5975.    SEC.  6.    In  case  the  institute  fund  in  any  May  draw 
county  shall  be  insufficient  to  defray  the  necessary  expenses  treasurer, 
of  any  institute  held  under  the  provisions  of  this  act,  the 
auditor  general  shall,  upon  the  certificate  of  the  superin- 
tendent that  he  has   made  arrangements  for  holding  such 
institute  and  that  the  county  institute  fund  is  insufficient  to 

meet  the  expenses  thereof,  draw  his  warrant  upon  the  state 
treasurer  for  such  additional  sum  as  said  superintendent 


172 


STATE  OF  MICHIGAN. 


Yearly 

state 

institute. 


shall  deem  iiecessary  for  conducting  such  institute,  which 
sum  shall  not  exceed  one  hundred  dollars  for  each  institute, 
and  shall  be  paid  out  of  the  general  fund. 

(388)  §  5976.     SEC.  7.    The  superintendent  is  authorized 
to  hold,  once  in  each  year,  an  institute  for  the  state  at  large, 
to  be  denominated  a  state  institute,  and  for  the  purpose  of 
defraying    the    necessary    expenses    of    such    institute,    the 
auditor  general  shall,  on  the  certificate  of  said  superintendent 
that  he  has  made  arrangements  for  holding  such  institute, 
draw  his  warrant  upon  the  state  treasurer  for  such  sum  as 
said  superintendent  shall  deem  necessary  for  conducting  such 
institute,  which  sum  shall  not  exceed  four  hundred  dollars 
and  shall  be  paid  out  of  the  general  fund:     Provided,  That 
not  more  than  three  thousand  dollars  shall  -be  drawn  from 
the  treasury  or  any  greater  liability  incurred  in  any  one  year 
to  meet  the  provisions  of  this  act. 

(389)  §  5977.      SEC.  8.      The    superintendent    of    public 
instruction,    or    the    conductor    of    the    institute    by    him 
appointed,  drawing  money  from  the  county  treasurer,  under 
section  five  of  this  act,  shall,  at  the  close  of  each  institute,  fur- 
nish to  the  county  treasurer,  vouchers  for  all  payments  from 
the  same  in  accordance  with  this  act,  and  he  shall  return  to 
the  county  treasurer  whatever  of  the  amount  that  may  remain 
unexpended,  to  be  replaced  in  the  institute  fund. 


Proviso. 


Vouchers  for 
payments. 


Information 
bureau, 
establish- 
ing of. 


Fee  for 

registering. 


Information 
free. 


BUREAU   OF   INFORMATION. 

An  Act  to  provide  for  the  establishment  in  the  office  of  the  superin- 
tendent of  public  instruction  of  a  bureau  of  information  for  the 
benefit  of  school  officers,  superintendents  and  teachers. 

[Act  251,  P.  A.  1907.] 

The  People  of  the  State  of  Michigan  enact: 

(390)  §  5825.     SECTION  1.     The  superintendent  of  public 
instruction  shall  establish  and  maintain  in  his  office  a  bureau 
of  information  wherein  teachers  desiring  employment  may 
register  and   file  such  papers  as  to  their  qualifications  as 
they  may  deem  fit,  and  wherein  school  officers  and  superin- 
tendents may  register  vacancies  in  their  respective  schools. 
Each  teacher  so  registering  shall  pay  a  fee  of  one  dollar  to 
the  superintendent  of  public  instruction,  which  fees  shall  be 
deposited  with  the  state  treasurer,  and  by  him  placed  to  the 
credit  of  the  general  fund. 

(391)  §  5826.     SEC.  2.     Such  information  as  is  contained 
in  said  bureau  shall  be  given  without  charge  to  all  school 


GENERAL  SCHOOL  LAWS. 


ol  cers,  superintendents  and  teachers  who  may  ask  there- 
i(  •.  hut  neither  the  superintendent  of  |iul)lic  instruction  nor 
ai  y  one  employed  in  his  oil  ice  shall  be  required  to  recommend 
ai  y  teachers  for  positions. 


173 


COMPULSORY  EDUCATION. 

i  Act  to  provide  for  the  compulsory  education  of  children,  for  pen- 
iltirs  for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions  of  the 
same. 


I  [Act  200,  P.  A.  1905,] 

The  People  of  the  State  of  Michigan  enact: 
(3J»iM  $  .VJ7!>.  SK-TION  1.  Every  parent,  guardian  or 
•  her  person  in  the  state  of  Michigan,  having  control  and 
<  large  of  any  child  between  the  ages  of  seven  and  sixteen 
\  -ars.  shall  be  required  to  send  such  child,  equipped  with  the 
I  roper  text-books  necessary  to  pursue  his  or  her  school  work, 
i  >  the  public  schools  during  the  entire  school  year,  and  such 
,  (tendance  shall  be  continuous  and  consecutive  for  the  school 
•ar  fixed  by  the  district  in  which  such  parent,  guardian  or 
i  her  person  in  parental  relation  may  reside:  Provided, 
hat  in  school  districts  which  maintain  school  during  the 
n tire  year,  and  in  which  the  school  year  is  divided  into  quar- 
•rs.  no  child  shall  be  compelled  to  attend  the  public  school 
lore  than  three  quarters  in  any  one  year:  but  the  absence  of 
o  child  shall  be  permitted  for  any  two  consecutive  quarters: 
Provided,  That  in  the  following  cases  children  shall  not  be 
inquired  to  attend  the  public  schools: 

(a)  Any  child  who  is  attending  regularly  and  is  being 
taught  in  a  private  or  parochial  school  which  has  complied 
with  all  the  provisions  of  this  act  and  teaches  such  branches 
«•  s  are  taught  in  the  public  schools  to  children  of  correspond- 
ing ;ige  and  grade  as  determined  by  the  course  of  study  for  the 
imblie  schools  of  the  school  district  within  which  such  pri- 
••ate  or  parochial  school  is  located,  or  who.  upon  the  comple- 
ion  of  the  work  in  such  schools,  shall  present  satisfactory  evi- 
lence  to  the  county  commissioner  of  schools,  and  in  appro 
•  Hate  cases,  to  the  superintendent  of  schools,  that  he  has 
•ompleted  sufficient  work  to  entitle  him  to  an  eighth  grade 
liploma; 

i  In  Any  child  who  has  received  an  eighth  grade  diploma 
from  the  public  schools:  or  who  is  regularly  employed  as  a 
page  or  messenger  of  either  branch  of  the  legislature,  during 
the  period  of  such  employment: 

ic)  Any  child  who  is  physically  unable  to  attend  school. 
If  the  truant  oflicer  is  notified  of  the  non-attendance  of  any 
child  at  school,  and  he  shall  find  the  one  in  parental  control 


Children  of 
certain  ages 
required  to 
attend 
school. 


Proviso, 
when  school 
year  divided 
into  quarters. 


Proviso, 
children  not 
required  to 
attend. 


Possessor  of 
eighth  grade 
diploma. 


Physically 
unfit. 


I 


174 


STATE  OF  MICHIGAN. 


claiming  that  such  child  is  physically  unable  to  attend  school, 
the  truant  officer  may  secure  a  written  statement  of  a  com- 
petent physician,  certifying  that  such  child  is  physically 
unable  to  attend  school; 

(d)  Children  over  fourteen  years  of  age  who  have  com- 
pleted the  work  of  the  sixth  grade  whose  services  are  essen- 
tial to  the  support  of  their  parents  may  be  excused  by  the 
county  commissioner  of  schools   or  city  superintendent  of 
schools  from  attendance  at  school,  on  the  recommendation  of 
the  board  of  education  of  the  district  in  which  such  children 
reside,  and  said  board  shall  certify  to  the  officers  herein  men- 
tioned the  facts  in  all  such  cases :    Provided,  Nothing  in  this 
act  or  any  other  act  shall  prevent  children  fourteen  years  of 
age  or  over  from  procuring  a  permit  to  work  outside  of 
school  hours,  during  the  school  year; 

(e)  Children  under  nine  years  of  age,  whose  parents  do 
not  reside  within  two  and  one-half  miles,  by  the  nearest  trav- 
eled road,  of  some  public  school:     Provided,  That  if  trans- 
portation is  furnished  for  pupils  in  said  district,  this  exemp- 
tion shall  not  apply; 

(f)  Any  child  twelve  to  fourteen  years  of  age  while  in 
attendance  at  confirmation  classes  conducted  for  a  period  of 
not  to  exceed  five  months  in  either  of  said  years;  any  child 
claiming  exemption  from  attending  school  under  subdivisions 
(a)  or  (b)  hereof  upon  the  ground  of  having  completed  suf- 
ficient work  to  entitle  him  to  an  eighth  grade  diploma,  shall 
secure  such  permit  as  may  be  required  under  the  statutes  of 
Michigan  covering  the  employment  of  minors,  and  shall  be 
regularly  employed  at  some  lawful  work  if  physically  able 
so  to  do,  or  any  child  who  has  completed  the  work  of  the 
eighth  grade  who  wishes  to  be  employed  at  some  labor  for 
which  a  labor  permit  is  not  required  may  be  granted  an 
excuse  for  such  work  by  the  county  commissioner  of  schools 
or  the  superintendent  of  schools  of  a  city  district,  or  duly 
authorized  agents.    Such  child  must  present  to  the  officer  who 
issued  the  excuse  satisfactory  evidence  each  month  that  he 
or  she  is  actually  performing  the  work  for  which  the  excuse 
was  issued. 


When 
services 
essential  to 
support  of 
parents. 


Proviso, 
outside  school 
hours. 


Distance 
from  school. 

Proviso,  . 
free  trans- 
portation. 


Member  of 
confirmation 
class,  etc. 


Permit 
required. 


To  report 
monthly. 


county 


roweri. 


Am.  1917,  Act  179;  1919,  Act  i:j,2.  Act  4,  also  amended  this  act,  deemed 
superseded  by  Act  132. 

As  to  the  permit  contemplated  in  paragraph   (f),  see  section  417. 

A  child  over  16  years  of  age  is  not  between  the  ages  of  7  and  16  years,  and  as 
to  construction  of  age  limit,  see  Jackson  v.  Mason,  145  /  338.  The  board  of 
supervisors  may  reimburse  a  deputy  sheriff  for  attorney's  fees  paid  to  defend 
himself  against  an  action  of  malicious  prosecution  for  arrest  on  a  warrant  fair 
on  its  face,  where  the  officer  acted  in  good  faith  and  was  held  not  liable.  —  Mess- 
more  v.  Kracht,  172  /  120.  Charge  held  insufficient  to  sustain  conviction.  —  • 
People  v.  Turja,  157  /  530. 

(393)  §  5980.  SEC.  2.  The  county  commissioner  of 
schools  in  each  county  shall  select  a  person  of  good  moral 
character  to  act  as  truant  officer  for  the  county.  The  person 
so  selected  shall  file  with  the  county  clerk  his  acceptance  and 
oath  of  office  and  a  bond  in  the  sum  of  one  thousand  dollars, 
with  two  sufficient  sureties  to  be  approved  by  the  county 
clerk.  The  person  so  selected  shall  be  known  as  the  county 


GENERAL  SCHOOL  LAWS. 


175 


Proviso,  cer- 
tain cities. 


Further  pro- 
viso, graded 
school 
districts. 


Further  pro- 
viso, U.  P. 


tr  iant  officer,  and  he  shall  have  all  the  powers  of  a  deputy 
si  3riff,  and  he  shall  perform  the  duties  of  truant  officer  in  all 
sc  100!  districts  of  the  county  when  directed  to  do  so  by  the 
c<  iinty  commissioner  of  schools,  except  as  hereinafter  pro- 
vi  led :  Provided,  That  in  cities  having  a  duly  organized  police 
f<  rce  it  shall  be  the  duty  of  the  police  authorities,  at  the 
r«  juest  of  the  board  of  education,  to  detail  one  or  more  mem- 
b<  rs  of  such  police  force  to  perform  the  duties  of  the  truant 
o  icer  in  such  city,  but  this  provision  shall  not  be  construed 
a>  prohibiting  such  board  of  education  from  appointing  any 
ci  tizen  not  a  police  officer  as  truant  officer :  Provided  further, 
T  lat  in  graded  school  districts  the  board  of  education  shall 
h  ive  authority  to  appoint  one  or  more  truant  officers  and  fix 
t  e  compensation  of  the  same,  said  compensation  to  be  paid 
b  -  the  district :  And  provided  further,  That  in  all  townships 

0  the  upper  peninsula  organized  as  township  unit  districts, 
t  ie  board  of  education  of  such  township  shall  have  authority 
t  •  appoint  one  or  more  truant  officers  for  said  township  and 
fi  K  the  compensation  for  such  service,  said  compensation  to  be 
p  lid  from  the  proper  funds  of  such  school  district.    For  all 
t  >wnships  of  the  upper  peninsula  not  organized  as  township 
v  nit  districts  the  county  truant  officer  appointed  as  herein 

1  rescribed  shall  act :     Provided,  That  if  in  any  graded  dis- 
t  net  or  township  the  board  of  education  does  not  appoint  a 
truant  officer,  the  county  truant  officer  shall  act  in  such  dis- 
trict or  township.    The  truant  officers  herein  provided  for  in 
cities,  graded  school  districts  and  township  unit  districts 
shall  give  bonds  to  the  board  of  education  in  the  sum  of  five 
lundred  dollars,  said  bonds  to  be  approved  by  the  board  of 
education  and  filed  with  said  board,  and  such  officers  shall 
1  ave,  within  their  jurisdiction  and  while  in  the  performance 
(f  the  duties  of  truant  officer,  the  powers  of  the  deputy 
sheriff.    The  compensation  of  the  county  truant  officer  shall 
l»e  three  dollars  per  day  for  every  day  actually  engaged  in 
Ihe  discharge  of  his  duties,  and  actual  expenses,  and  all  bills 
lor  such  service  shall  be  certified  by  the  county  commissioner 
of  schools.    In  cities,  when  the  board  of  education  appoints 
u  truant  officer  other  than  a  police  officer,  said  board  shall 

ix  the  compensation  for  such  truant  officer  and  pay  such 
o  nicer  from  the  incidental  fund.  The  compensation  and 
ictual  expenses  of  the  county  truant  officer  shall  be  allowed 
md  paid  in  the  same  manner  as  the  compensation  of  other 
Bounty  officers  is  allowed  and  paid  by  the  county;  and  when 
Mio  police  authorities  detail  one  or  more  members  of  the  force 
is  inuint  officers,  they  shall  receive  such  compensation  and 
actual  expenses  for  such  service  as  the  board  of  aldermen  or 
police  commission  may  determine,  and  be  paid  from  the  same 
fund  as  the  police  authorities  are  usunlly  paid:  Provided, 
That  this  act  shall  not  be  so  construed  as  to  affect  any  existing 
appointment. 


Proviso. 


Bonds. 


County 
truant  officer, 
compensation. 


How  paid. 


Proviso. 


II 


176 


STATE  OF  MICHIGAN. 


Copy  of 
school   census 
furnished 
teacher. 


Duty  of 
teacher. 


Census  fur- 
nished supt. 
of  schools  in 
cities,  etc. 


Duty  of  su- 
perintendent. 


Duty  of  prin- 
cipal, etc.,   of 
parochial, 
etc.,   school. 


(394)  §  5981.  SEC.  3.  (a)  It  shall  be  the  duty  of  the 
school  director  of  all  school  districts,  except  in  city,  graded 
and  township  districts,  to  provide  the  teacher,  at  the  com- 
mencement of  school,  with  a  copy  of  the  last  school  census, 
together  with  the  names  and  addresses  of  the  persons  in 
parental  relation,  also  address  of  the  county  commissioner  of 
schools.  The  teacher  shall,  at  the  opening  of  school  and  at 
such  other  times  as  may  be  necessary,  compare  said  census 
list  with  the  enrollment  of  the  school  and  report  to  the  county 
commissioner  of  schools  the  names  of  the  parents  or  other 
persons  in  parental  relation  whose  children  of  the  ages  herein- 
before mentioned  are  not  in  regular  attendance  at  school ;  also 
the  names  of  parents  or  other  persons  in  parental  relation 
who  have  children  of  school  age  not  included  in  such  census 
and  who  do  not  attend  school; 

(b)  In  all  city,  graded  and  township  districts  the  secre- 
tary of  the  board  of  education  shall,  at  the  commencement  of 
school,  furnish  a  copy  of  the  last  school  census  to  the  super- 
intendent ot  schools  in  such  city,  graded  and  township  dis- 
tricts, together  with  the  name  and  address  of  the  truant 
officer  under  whose  jurisdiction  they  act,  and  it  shall  be  the 
duty  of  said  superintendent  at  the  opening  of  school  to  com- 
pare said  census  list  with  the  enrollment  of  the  school  or 
schools,  and  from  time  to  time  as  it  may  be  necessary  report 
to  the  proper  truant  officer  the  names  and  addresses  of  any 
parents  or  other  persons  in  parental  relation  whose  children 
of  the  ages  hereinbefore  mentioned  are  not  in  regular  attend- 
ance at  the  public  schools,  also  names  of  parents  or  others 
in  parental  relation  whose  children  are  not  in  the  school  and 
whose  names  are  not  included  in  such  census;-  it  shall  be 
the  duty  of  the  principal,  or  any  other  person  or  persons  in 
charge  of  every  private  and  parochial  school  in  any  city  or 
township  of  the  county  at  the  opening  of  such  schools  to 
furnish  to  the  said  superintendent  or  coiinty  commissioner  of 
schools  the  name,  age  and  grade  of  the  child  and  the  city  or 
number  of  the  district,  the  township  and  county  where  the 
parent,  guardian  or  person  in  parental  relation  resides  and 
the  name  and  address  of  the  parent,  guardian  or  other  person 
in  parental  relation  of  every  child  who  has  enrolled  in  such 
schools,  and  from  time  to  time  to  report  to  said  superintend- 
ent or  county  commissioner  the  name,  age  and  grade  of  the 
child  and  the  city  or  number  of  the  district,  the  township  and 
county  where  the  parent,  guardian  or  person  in  parental 
relation  resides  and  the  name  and  address  of  the  parent, 
guardian  or  other  person  in  parental  relation  of  every  child 
who  has  enrolled  in  such  schools,  and  the  name,  age  and 
grade  of  the  child  and  the  city  or  number  of  the  district, 
the  township  and  county  where  the  parent,  guardian  or  per- 
son in  parental  relation  resides  and  the  name  and  address 
of  the  parent,  guardian  or  other  person  in  parental  relation 
of  every  child  who  is  not  in  regular  attendance  in  such 
schools ; 


1 


GENERAL  SCHOOL  LAWS.  177 

(c)  It  shall  be  the  duty  of  the  truant  officer  of  the  city  Truant  officer 
o    district,  wherever  notified  by  the  teacher,  superintendent,   tenancy8,"!?? 

0  other  person  or  persons  of  violations  of  this  act,  and  the 
c  unty  truant  officer,  when  notified  by  the  commissioner  of 
s<  hools,  to  investigate  all  such  cases  of  truancy  or  non-attend- 
a  ice  at  school,  and  if  the  children  complained  of  are  not 
e  :empt  from  the  provisions  of  this  act  under  the  conditions 
E  imed  in  section  one,  then  he  shall  immediately  proceed  as 

'   is  provided  in  section  four  of  this  act:     Provided,  That  Proviso, 
shall  be  the  duty  of  the  county  truant  officer  when  requested  ( 
do  so  by  the  county  commissioner  of  schools  to  inspect  the 
c  ithouses  in  primary  districts  and  order  repairs  on  the  same, 
a  id  in  case  the  district  board,  after  proper  notification  by 
t  le  truant  officer,  fails  to  have  such  outhouses  put  in  proper 
i)  id  sanitary  condition  it  shall  be  the  duty  of  the  said  truant 
(  Ticer  to  have  such  work  done  at  the  expense  of  the  district ; 

(d)  In  case  any  person,  parent  or  other  person  in  parental   Penalty. 

1  Nation  shall  fail  to  comply  with  the  provisions  of  this  act, 
1  e  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on 
(  mviction  thereof  be  fined  not  less  than  five  dollars  nor  more 
t  lan  fifty  dollars,  or  imprisonment  in  the  county  or  city  jail 
1  >r  not  less  than  two  nor  more  than  ninety  days,  or  both  such 
i  ne  and  imprisonment  in  the  discretion  of  the  court. 

Am.  1917,  Act  179  ;  1919,  Act  132. 

(395)     §  5982.     SEC.  4.     (a)     It  shall  be  the  duty  of  the   List  of  teach- 
(ounty  commissioner  of  schools  to  furnish  the  truant  officer   to8truan\8bed 
c  f  the  county,  at  the  opening  of  the  schools,  with  a  list  of  officer, 
the  teachers  and  superintendents  employed  in  his  county  in 
school  districts  other  than  in  such  city,  graded  and  town- 
ship districts  as  are  described  in  section  two  of  this  act; 

(b)     In  case  any  parent  or  other  person  in  parental  rela-   Failure  to 
tion  shall  fail  to  send  the  child  or  children  under  his  or  her  school*11 
control  to  the  public  school,  the  truant  officer,  upon  having 
notice  from  proper  authority  of  such  fact,  shall  immediately 
and  within  twenty -four  hours  thereafter  give  formal  written 
notice  in  person  or  by  registered  mail,  to  the  parent  or  other 
nersMii  in  parental  relation,  that  the  child  or  children  under 
!iis   or   her   control    shall    present   himself   or   themselves   ai 
"he  public  school,  except  MS  hereinbefore  provided,  on  the  day 
'ollowing  the  receipt  of  such  notice,  with  the  necessary  text 
)ooks  for  instruction  in  the  proper  school  or  schools  "of  the 
listrict  or  city.     Said   notice  shall   inform    the    parent   or 
rther  person  in   parental   relation  of  the  date   that    attend 
ince  must  begin  and  that  such  attendance  at  school  must  be 
•ontinuous    and    consecutive    during   the    remainder    of    the 
school  year  as  taught  in  the  district.    The  truant  ollicer  shall, 
t  the  same  time  the  said  formal  notice  is  given  to  the  par- 

t  or   person  in   parental   relation,  notify  the   teacher  or 

perintendent  or  commissioner  of  the  fact  of  notice,  and 
it  shall  be  the  duty  of  the  teacher  or  superintendent  or  com 
oner  to  notify  the  truant  officer  of  failure  on  the  part 


•- 

missi 


178 


STATE  OF  MICHIGAN. 


Complaint 
when  made 
against 
parent,  etc. 


Proviso. 


of  the  parent  or  other  person  in  parental  relation  to  comply 
with  said  notice; 

(c)  It  shall  be  the  duty  of  all  truant  officers,  after  having 
given  the  formal  notice  hereinbefore  described,  to  determine 
whether  the  parent  or  other  person  in  parental  relation  has 
complied  with  the  notice,  and  in  case  of  failure  to  so  comply 
he  shall  immediately  and  within  three  days  after  having 
knowledge  or  being  notified  thereof,  make  a  complaint  against 
said  parent  or  other  person  in  parental  relation  having  the 
legal  charge  and  control  of  such  child  or  children,  before 
any  justice  of  the  peace  in  the  county  where  such  party 
resides  for  such  refusal  or  neglect  to  send  such  child  or 
children  to  school;  and  said  justice  of  the  peace  shall  issue 
a  warrant  upon  said  complaint  and  shall .  proceed  to  hear 
and  determine  the  same  in  the  same  manner  as  is  provided 
by  statute  for  other  cases  under  his  jurisdiction,  and  in  case 
of  conviction  of  any  parent  or  other  person  in  parental  rela- 
tion for  violation  of  this  act,  said  parent  or  other  person  in 
parental  relation  shall  be  punished  according  to  the  pro- 
visions of  section  three  of  this  act :    Provided,  That  in  cities 
having  a  recorder's  court  and  justices  of  the  peace,  the  truant 
officer  shall  make  the  aforesaid  complaint  before  the  magis- 
trate of  said  recorder's  court  or  before  a  justice  of  the  peace, 
and  said  magistrate  or  justice  shall  issue  a  warrant  and 
proceed  to  hear  and  determine  the  case  in  the  same  manner 
as  is  provided  in  the  statute  for  other  cases  under  his  juris- 
diction ; 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintend- 
ents, teachers  or  other  persons  to  render  such  assistance  and 
furnish  such  information  as  they  may  have  at  their  command 
to  aid  such  truant  officer  in  the  performance  of  his  official 
duty. 

Am.    1917,  Act  179. 

(396)  §  5983.     SEC,  5.     In  any  graded  or  city  district  in 
this  state,  the  school  board  or  officers  having  in  charge  the 
schools  of  such  districts  may  establish  one  or  more  ungraded 
schools  for  the  instruction  of  certain  children  as  defined  and 
set  forth  in  the  following  section.     They  may,  through  the 
truant  officer  and  superintendent  of  schools,  require  such 
children  to  attend  said  ungraded  schools,  or  any  department 
of  their  graded  schools,  as  said  board  of  education  may  direct. 

(397)  §  5984.     SEC.  6.     The  following  classes  of  persons 
between  and  including  the  ages  of  seven  and  sixteen  years 
residing  in  graded  school  districts  or  cities  as  described  in 
section  five  of  this  act  shall  be  deemed  juvenile  disorderly 
persons  and   shall,  in   the  judgment   of  the  proper  school 
authorities,  be  assigned  to  the  ungraded  school  or  schools  as 
provided  in  section  five  of  this  act:     Class  one,  habitual 
truants  from  any  school  in  which  they  are  enrolled  as  pupils ; 
class  two,  children,  who,  while  attending  any  school,  are 
incorrigibly  turbulent,  disobedient  or  insubordinate,  or  are 


Teachers,  etc., 
to  aid  truant 
officer. 


School  boards 
may  establish 
ungraded 
schools. 


May  require 
attendance. 


Juvenile   dis- 
orderly per- 
sons, who 
deemed. 


GENERAL  SCHOOL  LAWS.  179 

vi  ious  and  immoral  in  conduct;  class  three,  children  who 
ai •}  not  attending  any  school  and  who  habitually  frequent 
st  eets  and  other  public  places,  having  no  lawful  business. 
en  ployment  or  occupation. 

ec.  7  repeals  A<  t  on  of  1895,  being  C.  L.  1897,  §  §  4847-4852.  See  §  5985, 
C.  M  1915. 

.  charge  that  respondent  was  a  disorderly  juvenile  offender,  in  that  she  IM-K- 
lei  ed  and  refused  t<>  g.>  to  school,  and  was  a  truant  and  is  an  unmanageable 
ch  d,  is  Insufficient  to  sustain  a  conviction  (C.  L.  1915,  §  15576). — People  v. 
Ti  -ja,  157  /  530. 


An  Act  to  provide  for  the  r'-i^piusury  education  of  deaf  children. 

If  A. -i  4X,  1'.  A.  1907.] 
The  I't'oplc  oj  the  State  of  Michigan  enact: 
(398)     §  5986.     SECTION  1.     Every    parent,    guardian    or  when  chii- 
01  her  person  in  the  state  of  Michigan   having  control   or  schSof^Ir to 
cl  arge  of  any  child  or  children  between  the  ages  of  seven  the  deaf. 
ai  d  eighteen  years,  and  who  by  reason  of  deafness  or  imper- 
ft  2t   hearing  cannot  be   taught   successfully  in   the   public 
s<  hools,  shall  be  required  to  send  such  child  or  children  to 
a  day  school  for  the  deaf,  the  Michigan  school  for  the  deaf, 
located  at  Flint,  or  to  such  other  school  for  the  deaf  as  the 
s;  id  parent,  guardian,  or  other  person  in  parental  control, 
p  -efers :    Provided,  That  should  the  parent,  guardian  or  other  proviso. 
p.-rson  in  parental  control  of  said  child  or  children  fail  to 
nceet  the  foregoing  provision,  then  such  child  or  children 
shall  be  sent  to  the  Michigan  school  for  the  deaf,  located  at 
Flint. 

(399)  §  5987.     SEC.  2.     In    cases    where    such    parent,  Transporta- 
g  lardian  or  other  person,  on  account  of  their  poverty,  are  JJJJ  children. 
11  lable  to  furnish  such  child  or  children  with  transporta- 
tion to  and  from  such  school,  the  board  of  trustees  of  the 
Michigan  school  for  the  deaf  shall  furnish  such  transporta- 
tion each  year,  and  the  said  board  of  trustees  may  include 
therewith  transportation  for  such  parent,  guardian  or  other 

pMson  to  said  school  and  return,  where  the  child  is  under 

t'vehv  years  of  a. UP.  and  for  that  purpose  may  issue  a  cer- 

titicatc  directed  to  the  auditor  general  that  said  amount  is 

n  M-rssary  for  the  benefit  of  such  individuals,  who  shall  draw 

his  warrant  upon  the  state  treasurer  therefor;  and  any  such   Sums,  how 

s  in  is  are  hereby  appropriated  and  shall  be  paid  out  of  any  where"1' 

moneys    in   the   general  fund,   not   otherwise   appropriated, 

and    the  auditor   general   shall   charge  all   such  moneys,  so 

drawn,   to  the  county  of  which   such   parent,   guardian  or 

other  person  is  a  resident,  or  to  which  he  or  she  belongs,  to 

be  collected  and  returned  to  the  general  fund  the  same  as  any 

state  taxes  are  required  to  be  by  law. 

(400)  §  5988.     SEC.  3.     Act  number  two  hundred  of  the  £er*allj  act 
I  nblic  acts  of  nineteen  hundred  five,  entitled  "An  act  to  pro- 

\ide  for  the  compulsory  education  of  children,  for  penalties 


180 


STATE  OF  MICHIGAN. 


for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions 
of  the  same,"  shall  apply  in  the  execution  of  this  act,  and 
the  officers  mentioned  in  said  act  shall  be  required  to  report 
all  cases  of  deaf  children  residing  in  their  jurisdiction  to  the 
Penalties.  superintendent  of  the  Michigan  school  for  tbe  deaf,  and  they 
shall  enforce  this  act  in  the  same  manner  as  the  said  act 
number  two  hundred  of  nineteen  hundred  five  is  enforced. 
The  same  penalties  prescribed  for  violation  of  said  act  are 
hereby  prescribed  for  violation  of  this  act. 


Time  may 
remain  in 
school. 


Dismissal  and 
transfer. 


Duty  of 
secretary  of 
state. 


Census 
enumerator. 


List  of 
names  of 
blind  chil- 
dren, by 
whom  made, 
verified,  etc. 


An  Act  to  provide  for  the  maintenance,  supervision  and  government  of 
the  Michigan  school  for  the  blind,  and  to  repeal  all  acts  and  parts  of 
acts  inconsistent  herewith. 

[Extract  from  Act  123,  P.  A.  1893.] 

(401)  §  1474.     SEC.  7.     The  period  in  which  pupils  shall 
be  entitled  to  remain  in  said  school  shall  be  twelve  years,  or 
the  board  of  control  may,  in  cases  where  they  deem  it  advis- 
able, extend  such  time  to  fourteen  years.    This  section  shall 
not  be  so  construed  as  to  prohibit  the  said  board  of  control 
from  dismissing  any  pupil  within  the  such  period  for  per- 
sistent   disobedience,   immoral    conduct,    or   other   sufficient 
cause,  neither  shall  anything  in  this  act  operate  to  prohibit 
the  transfer  of  any  child  over  the  age  of  eighteen  years  to 
the  Michigan  employment  institution  for  the  blind  upon  con- 
sent granted  by  the  board  of  control  of  the  Michigan  school 
for  the  blind,  and  whenever,  in  the  discretion  of  said  board, 
the  transfer  of  any  such  child  will  be  for  its  best  interests  or 
the  best  interests  of  the  said  Michigan  school  for  the  blind. 

NOTE. — Act  188,  P.  A.  1917  provides  for  the  temporary  care  and  maintenance 
of  blind  children  under  the  age  of  six  years  in  the  state  public  school  pending 
arrangements  being  made  at  Michigan  school  for  the  blind  for  care  of  said 
children. 

(402)  §  1476.     SEC.  9.     It  shall  be  the  duty  of  the  secre- 
tary of  state  to  make  out  and  forward  to  the  superintendent 
of  the  Michigan  school  for  the  blind,  on  or  before  the  first 
day  of  November  in  each  year,  on  blanks  prepared  for  that 
purpose,  a  copy  in  detail  of  so  much  of  the  statistical  infor- 
mation received  by  him  by  virtue  of  any  law  of  this  state 
as  relates  to  the  blind.     It  shall  be  the  duty  of  each  school 
census  enumerator  provided  for  in  the  general  school  laws 
of  the  state,  within  the  district,  ward,  or  portion  thereof, 
allotted  to  him,  to  procure  the  name,  age,  residence,  and  the 
name  and  residence  of  the  parents  or  guardians  or  persons  in 
control  or  in  charge  of  each  blind  child,  and  of  each  child 
whose  vision  is  so  defective  as  to  make  it  impossible  to  prop- 
erly educate  such  child  in  the  public  schools,  between  the 
ages  of  seven  and  nineteen  years. 

(a)  The  said  enumerators  in  addition  to  their  duties  now 
prescribed  in  the  general  school  laws  shall  make  a  list  of  the 
names  of  all  blind  children,  or  children  whose  vision  is  so 
defective  as  to  make  it  impossible  to  properly  educate  them 


GENERAL  SCHOOL  LAWS. 


181 


in  :he  public  schools,  together  with  the-  data  herein  author- 
ize- I  to  be  semred.  which  Jist  shall  be  verified  by  oath  or 
atf  filiation  of  tin*  person  Inking  such  census,  by  ailidavit 
ap  >eiided  thereto,  or  inserted  thereon,  setting  forth  that  it 
is  ,  correct  list  of  the  names  of  all  the  children  herein  desig- 
na  ed,  residing  within  the  particular  school  district,  ward, 
or  portion  thereof.  Said  ailidavit  may  be  made  before  the 
township  clerk  or  any  other  officer  authorized  by  law  to 
tal  e  acknowledgments.  Blanks  for  this  purpose  shall  be 
fu.  nished  by  the  department  of  public  instruction  to  the  sec- 
re^  iry  of  every  school  board  within  the  state.  The  said 
lis  shall,  after  it  has  been  properly  verified,  and  within  the 
tii  e  prescribed  by  the  general  school  laws  for  the  filing  of 
ce  sus  lists,  he  forwarded  by  the  secretaries  of  the  said 
scl  ool  boards  to  the  superintendent  of  public  instruction  and 
a  opy  thereof  shall  be  filed  with  the  proper  officer  of  the 
to-  mship  or  city,  as  the  case  may  be.  The  said  superintend- 
eu  of  public  instruction  shall,  immediately  upon  receipt  of 
th  various  lists,  prepare  and  tabulate  a  report  containing 
th  name,  age  ami  residence  of  each  blind  child,  and  each 
Hi  Id  whose  vision  is  so  defective  as  to  make  it  impossible  for 
it  o  be  properly  educated  in  the  schools  for  the  seeing  within 
tli  s  state,  together  with  the  names  and  residences  of  the 
pa  -en  Is,  guardian,  or  person  having  the  control  of  any  such 
ch  Id,  which  report  shall  be  forwarded  to  the  superintendent 

Kthe  Michigan  school  for  the  blind. 
b)  It  shall  be  the  duty  of  every  parent,  guardian,  or 
ter  person,  having  control  or  charge  of  any  child  or  chil- 
drMi  in  the  state  of  Michigan,  between  the  ages  of  seven  and 
nineteen  years  who  are  blind,  or  whose  vision  is  so  defective 
as  to  mak«*  it  impossible  to  have  them  properly  educated  in 
ili«-  schools  for  the  seeing,  to  send  such  child,  or  children,  to 
tin-  Michigan  school  for  the  blind,  to  be  received  at  that 
school  in  accordance  with  the  provisions  of  the  statute,  and 
th-'  rules  and  regulations  which  are  or  may  be  prescribed  by 
tin-  hoard  of  control  of  said  school:  Provided.  That  the  par- 
ent. guardian  or  person  having  control  of  any  such  child 
shill  not  he  required  to  semi  them  to  the  Michigan  school 
fo  •  the  blind  when  they  come  within  any  one  of  the  following 


«. 
Any  child  or  children  being  educated  in  any  private 
parochial  school; 

(2  1     Any  child  or  children  physically  or  mentally  incom- 
petent of  being  educated  : 

to  i      Any  child  or  children  over  the  age  of  seventeen  years 
who  have  been  taught  and  are  employed  and  are  working  at 
|a  ;rade  ; 

i  1  *     Any  child  or  children  of  the  age  of  eighteen  years 
e.mploved   at    the  Michigan  emplovment   institution  for  the 


To  whom 
forwarded. 


Duty  of  supt. 
public  in- 
struction. 


When 

children  to  be 
sent  to  Mich- 
igan school 
for  blind. 


except  inns. 


182 


STATE  OF  MICHIGAN. 


Duty  of  sup- 
erintendent 
of  school. 


Truant 
officer. 


When  super- 
intendent to 
notify  truant 
officer. 


When  to  en- 
force act. 


Proceedings 
in  indigent 
cases. 


Penalty  for 
violation. 


(c)  It  shall  be  the  duty  of  the  superintendent  of  the  Michi- 
gan school  for  the  blind  to  furnish  to  the  county  commis- 
sioner of  schools  of  every  county,  and  to  the  secretary  of 
the  school  board  in  every  city  or  village,  a  list  of  the  names 
of  such  children  within  such  county,  city  or  village,  as  come 
within  the  provisions  of  this  act.    Each  truant  officer  shall, 
when  notified  by  the  board  of  control,  or  by  the  superin- 
tendent of  the  Michigan  school  for  the  blind,  or  by  anyone 
appointed  or  designated  by  them,  or  by  the  county  commis- 
sioner of  schools,  that  there  are  within  such  village,  city  or 
county,  as  the  case  may  be,  children  who  come  within  the 
provisions  of  this  act,  investigate  all  such  cases  and  report 
the  conditions  found  to  exist  to  the  superintendent  of  the 
Michigan  school  for  the  blind,   and  the  commissioners  of 
schools  of  the  county.    The  superintendent  of  the  Michigan 
school  for  the  blind  shall,  upon  receipt  of  such  report  from 
any  truant  officer,  determine  whether  or  not  the  children 
in  question  are  included  within  the  provisions  of  this  act, 
and  if  in  his  judgment  such  children  are  included  within 
the  provisions  of  this  act,  and  are  not  included  within  the 
exempted  classes  named  herein,  he  shall  notify  the  proper 
truant  officer,  who,  upon  receipt  of  such  notice,  shall  take 
such  steps  against  the  parents,  guardian  or  other  person  hav- 
ing charge  or  control  of  any  such  child  or  children,  to  enforce 
the  provisions  of  this  act,  as  are  now  prescribed  in  act  two 
hundred   of  the  public   acts   of   nineteen   hundred   five,   as 
amended,  relative  to  compulsory  education  under  the  general 
school  law. 

(d)  In  case  when  such  parent,  guardian  or  other  person, 
on  account  of  indigent  circumstances,  are  unable  to  furnish 
such  child  or  children  with  transportation  to  and  from  such 
school,  the  board  of  trustees  of  the  Michigan  school  for  the 
blind  shall  provide  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  when  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor,  and  any  such  sums  are  hereby  appropriated, 
and  shall  be  paid  out  of  any  moneys  in  the  general  fund, 
not  otherwise  appropriated,  and  the  auditor  general  shall 
charge  all  such  moneys,  so  drawn,  to  the  county  of  which 
such  parent,  guardian  or  other  person  is  a  resident,  or  to 
which  he  or  she  shall  belong,  to  be  collected  and  returned 
to  the  general  fund,  the  same  as  any  state  taxes  are  required 
to  be  by  law. 

(e)  Anyone  refusing  to  comply  with  any  of  the  provi- 
sions of  this. act,  and  any  parent,  guardian  or  other  person 
who  shall  wilfully  refuse  to  send  any  children  coming  within 
the  provisions  of  this  act  and  not  herein  expressly  exempted, 


<; KXERAL  SCHOOL  LAWS. 


183 


to  ;he  Michigan  school  for  the  blind,  or  who  shall  detain 
an;\  such  children  who  should  be  in  attendance  at  said 
scli  >ol,  shall,  upon  conviction  by  any  court  of  competent 
aut  hority,  be  deemed  guilty  of  a  misdemeanor  and  shall  be 
sul  ject  to  such  penalties  as  are  prescribed  in  said  act  two 
hu  dred  of  the  public  acts  of  nineteen  hundred  five  as 
aiii  ;nded  for  the  violation  of  any  of  its  provisions.  All  pro- 
vis  ons  of  said  act  two  hundred  of  the  public  acts  of  nine- 
tec  i  hundred  five  are  made  applicable  hereto  except  in  so  far 
as  ;hey  may  be  inconsistent  herewith. 


NSTRUCTION,  ETC.,  OF  ADULT  BLIND  PERSONS. 


An  Act  authorizing  the  superintendent  of  public  instruction  to  afford 
:•  ritable  instruction  and  vocational  training  to  adult  blind  persons  in 
1  icir  respective  homes  and  communities,  with  a  view  to  meeting  their 
<  ducational  needs  and  enabling  them  to  contribute  to  their  own  sup- 
1  ort,  and  to  employ  assistants  therefor,  and  making  an  appropriation 
meet  the  same. 


[Act  219,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(403)  SECTION  1.     The  superintendent  of  public  instruc- 
ti(  n  is  hereby  authorized  to  provide  direction  and  supervision 
of  suitable  instruction  and  training  of  adult  blind  residents 
of  this  state  in  their  respective  homes  or  communities,  with 
a  view  to  meeting  their  educational  needs  and  enabling  them 
to  contribute  to  their  own  support. 

(404)  SEC.  2.     In  the  discharge  of  the  foregoing  powers, 
tha  superintendent  of  public   instruction  is  authorized   to 
co  operate  with  the  boards  of  education  of  local  communities 
ar  d  with  such  organizations  and  institutions  as  he  shall  deem 
ne  cessary. 

(405)  SEC.  3.     The  superintendent  of  public  instruction 
is  hereby  authorized  to  employ  such  assistants,  not  in  excess 
of  two,  as  may  be  necessary  to  carry  out  the  intents  and  pur- 
poses of  this  act.    The  compensation  of  such  assistants  shall 
not  exceed  the  sum  of  one  hundred  twenty-five  dollars  per 
month  and  actual  and  necessary  expenses  for  the  time  actually 
engaged  in  such  work;  and  the  same  shall  be  paid  from  the 
general  fund  on  warrant  from  the  auditor  general  in  the  same 
manner  that  the  clerks  in  the  department  of  the  superintend- 
ent of  public  instruction  are  paid. 

(406)  SEC.  4.     There  is  hereby  appropriated  out  of  the 
g-meral  fund  in  the  state  treasury,  for  carrying  out  the  pro- 
\  sions  of  this  act,  for  the  fiscal  year  ending  June  thirty,  nine- 
teen hundred  twenty,  the  sum  of  six  thousand  dollars,  and  for 
the  fiscal  year  ending  June  thirty,  nineteen  hundred  twenty- 
one,  the  further  sum  of  six  thousand  dollars.    And  the  auditor 


Act 
applicable. 


Instruction, 
etc.,  of 
blind  adults. 


Co-operation. 


May  employ 
assistants. 


Compensa- 
tion. 


How  paid. 


Appropria- 
tion. 


Tax  clause. 


184 


STATE  OF  MICHIGAN. 


general  shall  add  to  and  incorporate  in  the  state  tax  for  the 
year  nineteen  hundred  nineteen  the  suin  of  six  thousand  dol- 
lars, and  for  the  year  nineteen  hundred  twenty  the  sum  of 
six  thousand  dollars,  to  reimburse  said  fund  for  the  sums 
hereby  appropriated. 


Blind  chil- 
dren, care, 
etc.,  of  cer- 
tain. 


Maintenance, 

education, 

etc. 


Proviso. 


Time  child 
to  be  kept. 


Tax  clause. 


CAKE  AND   INSTRUCTION  OF  BLIND  BABIES. 

An  Act  to  provide  for  the  care,  maintenance  and  instruction  of  blind 
babies  and  children  under  school  age. 

[Act  258,  P.  A.  1913.] 

The  People  of  the  State  of  Michigan  enact: 

(407)  §  1480.     SECTION  1.     The  state  board  of  education 
shall  have  power  to  provide  for  the  suitable  care,  mainte- 
nance and  instruction  of  babies  and  children  under  schooL 
age  residing  in  this  state,  who  may  be  born  blind  or  become 
blind  in  any  case  where  by  reason  of  lack  of  means  or  other 
cause  the  parent  or  parents  of  such  children  may  be  unable 
to  properly  care  for,  maintain  and  educate  such  children. 

(408)  §  1481.     SEC.  2.     For    the    purpose    of    providing 
such  care,  maintenance  and  education  the  said  board  of  edu- 
cation shall  have  power  to  contract  with  any  institution 
having  or  furnishing  facilities  for  such  care,  maintenance  and 
education  in  this  or  any  other  state  at  a  contract  price  to  be 
agreed  upon,  not  exceeding  five  dollars  per  week  per  child: 
Provided,  That  such  contract  shall  be  made  by  and  with  the 
written  consent  of  the  parents  or  surviving  parent  of  any 
such  child. 

(409)  §  1482.     SEC.  3.     Such  contract  shall  continue  in 
force   and   the  care,   maintenance   and   education   provided 
therein  shall  continue  until  such  child  attains  the  age  of  six 
years. 

(410 )  §  1483.     SEC.  4.     There  shall  be  included  in  the  tax 
to  be  levied  for  state  school  purposes,  a  rate  sufficient  to 
raise  the  sum  of  twenty-five  hundred  dollars,  in  addition  to 
all  other  sums  provided  by  law,  which  sum,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  for  the  purpose 
of  carrying  out  the  provisions  of  this  act. 

(411)  §1484.      SEC.  5.      Nothing   in   this    act    contained 
shall  be  deemed  to  repeal  or  in  any  way  modify  any  existing 
law  with  reference  to  the  education  of  the  deaf,  dumb  and 
blind. 


GENERAL   sniool.   LAWS. 


MISCELLANEOUS  nFFKXSKS. 
An  Act  to  prevent  crime  and  to  punish  truancy. 

[Act    21'L',    I'.   A.   1S87.] 

77/r  /Vo/^r  of  the  State  <tj  M'n-Ji it/an-  enact: 

41i' i  §  l.V)76.  SECTION  1.  That  every  hoy  between  the 
•  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of 
and  seventeen  years,  who  shall  frequent  or  be  found 
nging  about  saloons,  disreputable  places,  houses  of  ill 
ie.  or  who  shall  be  an  inmate  or  resident  or  a  member  of  a 
lily  who  [reside]  resides  in  any  house  of  ill  fame,  or  COH- 
di  -t  any  other  disreputable  place,  or  who  shall  frequent 
ot  er  rooms  or  places  where  dissolute  and  disreputable  people 
<-o  i g regate,  or  where  intoxicating  liquors  are  kept  for  sale, 
01  who  shall,  against  the  command  of  his  or  her  parents  or 
g<  irdian,  run  away  or  wilfully  absent  himself  or  herself 
tr  in  the  school  he  or  she  is  attending,  or  from  any  house, 
oi;  <-e.  shop,  firm  or  other  place  where  he  or  she  is  residing  or 
1<"  iiimately  employed  with  labor,  or  who  shall  against  such 
eo  imiaiid  of  his  or  her  parents  or  guardian  or  for  any 
in  moral,  disorderly  or  dishonest  purposes  be  found  lounging 
ii]  -.MI  the  public  streets,  highways  or  other  public  resorts  or 
at  places  of  amusement  of  dissolute  or  improper  character,  or 
wl  o  shall  against  any  such  command  or  for  any  [such]  dis- 
or  lerly  or  dishonest  purposes  attend  any  public  dance,  skat- 
in  :  rink,  or  show  shall  be  deemed  guilty  as  a  truant  or  dis 
or  lerly  child. 

^  charge  that  respondent  was  a  disorderly  juvenile  offender  and  was  a  truant 
anc  is  an  unmanageable  child,  is  insufficient  to  sustain  a  conviction. — People  v. 
Tu-ja,  ir,7/530. 

(413)  §  15577.  SEC.  2.  Upon  the  complaint  upon  oath 
and  in  writing  made  before  any  justice  of  the  peace,  police 
justice  or  other  criminal  magistrate,  by  the  parent  or 
guardian,  or  other  person  knowing  of  the  facts  of  his  own 
knowledge,  that  any  girl  between  the  age  of  ten  and  seventeen 
yens,  or  that  any  hoy  between  the  age  of  ten  and  sixteen 
ye-irs.  or  by  the  supervisor  of  any  township,  or  mayor  of  any 
ci  y,  or  president  of  any  village,  and  in  any  city  of  over  eight 
thousand  population  by  the  chief  of  police,  mayor,  or  other 
]><  i  son  knowing  of  the  facts  of  his  own  knowledge,  that  such 
m  nor  has  been  guilty  of  any  of  the  acts  specified  in  section 
on-  of  this  act.  such  justice  of  the  peqce,  police  justice  or 
olher  criminal  magistrate,  shall  issue  a  warrant  for  the 
a  i  rest  of  such  minor,  and  upon  conviction  such  minor,  if  a 
h<  y,  may  be  sentenced  by  such  justice  of  the  peace,  police  jus- 
tice or  criminal  magistrate,  to  the  industrial  school  for  hoys 
rsing,  and  if  a  girl,  to  the  industrial  home  for  girls  at 
,  boys  until  eighteen  years  of  age,  and  girls  until 


What  chil- 
dren deemed 
truants  or 
disorderly 
persons. 


Who  to  make 
complaint. 


Term  of 
sentence. 


186 


STATE  OF  MICHIGAN. 


twenty-one  years  of  age,  unless  sooner  discharged  according 
proviso  as       to  law :    Provided.  That  no  person  or  persons  shall  be  sent 

to  approval  .  ,    .     ,       . ,    .    ,         .       f   .  .1-1 

of  sentence,  to  the  said  industrial  school  for  boys  or  to  the  industrial 
home  for  girls  until  the  sentence  therein  has  been  submitted 
to  and  approved  by  one  of  the  judges  of  the  recorder's  court 
of  the  city  of  Detroit,  or  judge  of  the  superior  court  of  the 
city  of  Grand  Kapids,  or  any  circuit  judge  or  probate  judge 
of  the  county  in  which  such  conviction  shall  be  had. 

(414)  §  15578.  SEC.  3.  The  same  proceedings  shall  be 
had  upon  the  trial  of  any  person  charged  with  being  guilty 
of  any  of  the  offenses  mentioned  in  section  one  of  this  act 
before  the  justice  before  whom  such  person  is  brought  as  are 
had  in  trials  for  misdemeanor,  as  far  as  the  same  are  appli- 
cable, and  the  state  agent  for  the  care  of  juvenile  offenders 
of  the  county  wherein  such  offenders  may  be  on  trial  shall 
have  authority  and  take  the  same  action  in  the  premises  as 
is  provided  by  act  number  one  hundred  and  seventy-one  of 
the  session  laws  of  eighteen  hundred  and  seventy-three  of  this 
state. 


Proceedings 
upon  trial. 


Duty  of 
state  agent. 


Parents,  etc., 
of  delinquent 
children,  re- 
sponsibility 
of,  penalty. 


Proviso  as  to 
suspension  of 
sentence. 


An  Act  to  provide  for  the  punishment  of  persons  responsible  for  or 
contributing  to  the  delinquency  of  children. 

[Act  314,  P.  A.  1907.] 

The  People  of  the  State  of  Michigan  enact: 

(415)  §  2028.  SECTION  1.  In  all  cases  where  any  child 
shall  be  a  delinquent  child,  or  a  juvenile  delinquent  person, 
as  defined  by  the  statutes  of  this  state,  the  parent  or  parents, 
legal  guardian  or  person  having  the  custody  of  such  child,  or 
any  other  person,  responsible  for  or  by  any  act  encouraging, 
causing  or  contributing  to  the  delinquency  of  such  child  shall 
be  guilty  of  a  misdemeanor,  and  upon  trial  and  conviction 
thereof,  "shall  be  punished  by  a  fine  not  exceeding  the  sum  of 
one  hundred  dollars  or  imprisonment  in  the  county  jail  for 
a  period  not  exceeding  ninety  days,  or  both  such  fine  and 
imprisonment:  Provided,  That  the  court  may,  in  its  discre- 
tion, suspend  sentence  upon  any  person  found  guilty  under 
this  act  upon  conditions  which  may  be  imposed  by  the  court 
at  the  time  of  the  suspension  of  such  sentence. 


s1ud°ernsts!rnot 


An  Act  to  provide  for  the  protection  of  children. 

(From  this  act  only  such  portion  is  quoted  as  relates  directly  to  students 
in  schools.) 

[Act  260,  P.  A.  1881.] 

(416)     §  7223.     SEC.  2.     No  minor  child  under  seventeen 
years  of  age,  nor  any  minor  who  is  a  student  in  any  public, 


GENERAL  SCHOOL  LAWS. 


187 


pri  /ate  or  parochial  school  in  the  state  of  Michigan,  shall  be 
peimitted  to  remain  in  any  saloon,  bar  room  or  other  place 
wl  ire  any  spirituous  or  intoxicating  liquor,  or  any  wine  or 

j  be<  P,  or  any  beverage,  liquor  or  liquors  containing  any  spiritu- 
ou  or  intoxicating  liquor,  beer  or  malt  liquor  is  sold,  given 
a\\  ly  or  furnished  for  a  beverage ;  or  in  any  place  of  amuse- 
IIH  it  known  as  dance  houses,  concert  saloons,  variety  thea- 

•  tei  *;  or  in  any  house  of  prostitution;  or  in  any  room  or  hall 
oc«  upied  or  used  for  hire,  gain  or  reward,  for  the  purpose 
of  playing  billiards,  pool,  cards,  dice  or  any  other  unlawful 
ga  ne;  or  in  any  room  or  hall  used  or  occupied  for  gaming, 
poil-selling  or  betting  in  any  manner  whatever;  or  in  any 
ro  >m  or  hall  in  which  any  cigars  or  tobacco  are  sold  or  kept 

'  fo  sale,  where  any  such  games  are  played.  Any  proprietor,  Misdemeanor. 
kc  -per  or  manager  of  any  such  place  who  shall  permit  such 
in  aor  child  or  minor  student  to  remain  in  any  such  place, 
an  1  any  person  who  shall  encourage  or  induce  in  any  way 
su  -h  minor  child  or  minor  student  to  enter  such  place  or  to 
re  aain  therein  shall  be  deemed  guilty  of  a  misdemeanor,  and 
oi]  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  Penalty. 
ill  in  twenty-five  dollars  nor  more  than  fifty  dollars,  or  by 
in  prisonment  in  the  county  jail  not  less  than  ten  days  nor 
in <  re  than  thirty  days,  or  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 


EMPLOYMENT  OF  CHILDREN. 


[Extract  from  Act  285,  P.  A.  1909.] 

(417)  §  5331.  SEC.  10.  No  child  under  the  age  of 
t  \\cnty-one  years  shall  be  employed,  permitted  or  suffered  to 
work  in  any  theater,  concert  hall,  or  place  of  amusement 
where  intoxicating  liquors  are  sold.  No  child  under  fifteen 
yi  irs  of  age  shall  be  employed,  permitted  or  suffered  to  work 
in  or  in  connection  with  any  mercantile  institution,  store, 
oil  ice,  hotel,  laundry,  manufacturing  establishment,  mine, 
bowling  alley,  billiard  or  pool  room  conducted  for  profit,  thea- 
I  ter,  passenger  or  freight  elevator,  factory  or  workshop,  tele- 
graph or  messenger  service  within  this  state:  Provided,  This 
section  shall  not  apply  to  any  child  of  the  age  of  fourteen 
v<  ars  or  over,  working  on  Saturdays  or  other  days  during  the 
school  year,  outside  of  school  hours  or  during  the  established 
\;  cation  periods  in  preserving  perishable  goods  in  fruit  or 
getable  canning  establishments  or  in  any  mercantile  insti- 
tions,  store,  office,  hotel,  laundry,  manufacturing  establish- 
cnt.  factory  or  workshop,  telegraph  or  messenger  service 
hin  this  state.  It  shall  be  the  duty  of  every  mercantile 
ilution,  store,  hotel,  office,  laundry,  manufacturing  estab- 
meiit.  mine,  bowling  alley,  workshop,  telegraph  or  mes- 


Child  under 
21  not  to 
work  where 
liquor  sold. 

Child  under 
15,  where  not 
to  work. 


Proviso, 
child  under 
14,  on  Satur- 
day, etc. 


Register  to  be 
kept,  what  to 
contain. 


188 


STATE  OF  MICHIGAN. 


Child  under 
16,  not  to  be 
hired  without 
permit. 


Who  to  issue. 


Return  of 
permit. 


Limited  vaca- 
tion permits. 

Inspection  of 
permit  and 
register. 
No  fee  for 
permit. 


senger  service  or  any  person  coming  within  the  provisions  of 
this  act  to  keep  a  register  in  which  will  be  recorded  the  name, 
birthplace,  age  and  place  of  residence  of  every  person 
employed  under  the  age  of  sixteen  years,  and  it  shall  be 
unlawful  for  any  such  establishment  or  person  to  hire  or 
employ,  or  permit  to  be  hired  or  employed  or  suffered  to 
work,  any  child  under  the  age  of  sixteen  years  without  there 
is  first  provided  and  placed  on  file  in  the  business  office 
thereof  a  permit  issued  by  the  superintendent  of  schools  of 
the  school  district  in  which  such  child  resides,  or  the  county 
commissioner  of  schools,  or  some  one  duly  authorized  by  him 
in  writing,  any  of  whom  shall  have  power  to  administer  oaths 
in  relation  thereto.  Such  permit  shall  be  returned  imme- 
diately to  the  issuing  officer  by  the  employer  when  such  child 
leaves  such  employment.  A  child  shall  be  considered  as  hav- 
ing withdrawn  from  his  employment  when  he  or  she  shall  have 
absented  himself  or  herself  from  work  for  five  full  working 
days  without  explanation.  Every  limited  vacation  permit, 
hereinafter  to  be  described,  shall,  upon  its  expiration,  be  void 
and  of  no  effect.  The  said  register  and  permit  shall  be  pro- 
duced for  inspection  on  demand  of  any  factory  inspector 
appointed  under  this  act.  No  fee  shall  be  charged  for  such 
permit  or  other  record  required  by  this  act  by  any  officer  by 
whom  it  shall  be  issued.  Every  employer  complying  with 
the  provisions  of  this  section  shall  be  at  liberty  to  employ 
the  person  so  presenting  the  permit  hereinbefore  referred 
to,  and  is  justified  in  considering  and  treating  such  person 
as  of  the  age  shown  in  such  permit  and  shall  not  be  liable, 
if  it  transpire  that  such  person  is  under  the  age  represented 
in  such  permit,  to  any  greater  extent  than  such  employer 
would  be  liable  if  such  person  were  of  the  age  represented. 
The  person  authorized  and  required  to  issue  such  permit 
shall  not  issue  the  same  until  he  has  received,  examined, 
approved  and  filed  the  following  papers  duly  executed : 

(a)  The  school  report  of  said  child  properly  filled  out 
and  signed  as  hereinafter  provided :    Provided,  however,  That 
when  such  permit  is  issued  during  the  summer  vacation  or 
for  working  on  Saturdays  or  other  days  during  the  school 
year,  outside  of  school  hours  no  such  record  shall  be  required, 
but  all  such  permits,  called  in  this  act  limited  vacation  per- 
mits, shall  expire  upon  the  first  Monday  in  September,  com- 
monly called  Labor  Day,  shall  contain  a  conspicuous  state- 
ment of  the  time  at  which  they  shall  expire  and  shall  be  of 
a  special  color  distinct  from  regular  permits ; 

(b)  A  passport,  or  duly  attested  transcript  of  the  record 
of  birth,  as  kept  by  any  duly  authorized  public  authority, 
or  a  record  of  baptism  or  other  religious  record,  showing 
the  date  and  place  of  birth  of  such  child ; 

(c)  A   statement   from   a    physician   connected   officially 
with   the  board   or   department   of   health,   which   shall   be 
required,  however,  only  in  case  the  above  mentioned  official 


Prerequisites 
to  issuance  of 
permit. 


School  report. 

Proviso,  Sat- 
urdays, vaca- 
tion, etc. 


Limited  vaca- 
tion permits 
expire  Labor 
Day. 


Attestation 
as  to  birth. 


Idem, 

physician's 

statement. 


GENERAL  SCHOOL  LAWS. 


189 


0  religious  record  cannot  be  produced,  which  statement  shall 
c<  rtify   that,    in    the  opinion   of   the   physician   issuing   said 
statement,  the  child   is  fifteen  years  of  age  or  upwards,   is 
ii    sound   health   and   physically  able  to  perform   the  work 
\\iich  it  intends  to  do.     Such   statement    shall   also  certify 
t    the  correct  weight  and  height  of  said  child,  and  shall  be 
k   j»t  on  lile  by  the  person  issuing  working  permits;  such  per 
s  n  may,  in  his  discretion,  require  also  an  affidavit  from  the 

1  <rents  or  other  evidence  as  additional  proof  of  age; 

id  i  A  statement  by  the  issuing  officer  that  he  has  exam- 
i  ed  said  child,  that  in  his  opinion  the  child  can  read  intelli- 
jj'iitly  and  write  legibly  simple  sentences  in  the  English 
1.  nguage,  that  in  his  opinion  the  child  is  fifteen  years  of  age 
o  •  upwards,  fourteen  years  in  the  case  of  a  vacation  pern- it 

0  •  a  permit  to  work  on  Saturdays  or  other  days  during  the 
s  hool   year,  outside  of  school  hours  and  has  reached  the 

1  irmal  development  of  a  child  of  its  age  and  is  in  sound 
1  ja  1th   and    physically   able  to   perform   the  work   which  it 
i  itends  to  do,  and  that,  in  his  opinion  the  services  of  the  child 
a  ?e  essent  ial  to  the  support  of  itself  or  its  parents :    Provided, 
Ghat  permits  for  vacation  periods  and  Saturdays  or  other 
<   iys  during  the  school  year,  outside  of  school  hours  shall 
i  ot  certify  that  the  wages  of  the  child  are  essential  to  the 
s  ipport  of  the  family.     In  doubtful  cases,  physical  fitness 
f  >r  such  work  shall  be  determined  by  a   medical  officer  of 
t  le  board  or  department  of  health.    Every  such  permit  shall 
le  signed  in  the  presence  of  the  officer  issuing  the  same  by 
t  le  child  in  whose  name  it  is  issued ;  and  shall  state  the 
('ate  and  place  of  birth  of  the  child,  and  describe  the  color 
of  the  hair  and  eyes,  the  height  and  weight  and  any  dis 

t  nguishing  facial  marks  of  such  child,  and  that  the  paper 
r 'quired  by  the  preceding  sections  has  been  duly  examined, 
approved  and  tiled,  and  that  the  child  named  in  such  permit 
1  as  appeared  before  the  officer  signing  the  same  and  been 
examined.  The  school  record  required  by  this  article  shall 
le  signed  by  the  principal  or  chief  executive  officer  of  the 
school  which  such  child  has  attended  and  shall  be  furnished 

In  demand  to  a  child  entitled  thereto.     It  shall   contain   a 
tatement    certifying  that  the  child  has  regularly  attended 
the  public  school,  or  schools  equivalent  thereto,  or  parochial 
schools  for  not  less  than  one  hundred  days  during  the  school 
previous  to  his  arriving  ;it   the  age  of  fifteen  years  or 
Hiring  the  year  previous  to  applying  for  such  school  record. 
;  nd    is   able    to    read    intelligently    and    write    legibly    simple 
sentences  in   the   Knglish   language,  and    in  the  case  of  the 
public    schools,    has    passed    sat  isfaciorily    the    work    of    the 
ol   up  to  and   including  the  work  of  the  sixth  grade,  as 
•ovided  in  the  course  <>f  study  of  the  public  schools,  or  in 
le  case  of  schools  other  than  public,  the  equivalent   thereto, 
uch  school  record  shall  also  give  the  age  and  residence  of 
child   as   shown    on   the   records   of   the  school   and  the 


W.-i-ht  and 
height. 


Affidavit 

from 

parents. 

Ability   to 
road   :uid 

write. 


Normal  de- 
velopment. 


Proviso. 


Doubtful 
cases. 

Permit,  li  >'.v 
signed,  what 
to  state. 


School  record, 
how  signed 
and  fur- 
nished. 


What  to  con- 
tain. 


Idem,  age 
and  residence. 


190 


STATE  OF  MICHIGAN. 


Proviso. 


Child  to 

report 

monthly. 


Proviso. 


False  state- 
ments. 


Penalty. 


Continuation 
classes. 


name  of  its  parents  or  guardians  or  custodian:  Provided, 
That  in  the  case  of  limited  vacation  permits  or  permits  to 
work  on  Saturdays  or  other  days  during  the  school  year, 
outside  of  school  hours  the  school  record  and  all  other  require- 
ments relating  to  educational  qualifications  shall  be  waived, 
but  all  other  requirements  shall  be  complied  with  as  pre- 
scribed in  this  section.  Every  month  after  the  issuance  of  a 
permit  the  child  shall  report  to  the  person  who  issued  same, 
either  in  person  or  in  writing,  through  its  parent,  or  guardian, 
stating  that  the  child  is  employed,  giving  the  name  of 
employer  and  the  location  of  the  place  of  employment,  and 
if  not  employed  said  child  shall  be  compelled  to  attend 
school :  Provided,  That  nothing  in  this  act  shall  be  used 
to  invalidate  the  right  of  any  minor  over  the  age  of  fourteen 
years  to  use  a  working  permit  issued  before  the  passage  of 
this  act ; 

(e)  Any  person  who  shall  make  a  false  statement,  tran- 
script, passport,  school  certificate,  certificate  of  physical  fit- 
ness, school  record  or  any  other  writing  required  to  be  made 
or  filed  by  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine 
of  not  less  than  ten  nor  more  than  one  hundred  dollars  or 
imprisonment  for  not  less  than  ten  days  nor  more  than  ninety 
days,  or  by  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court ; 

(f )  Whenever  continuation  classes  shall  be  established  for 
minors  under  sixteen  years  of  age  working  as  now  permitted 
by  law,  or  out  of  school  by  permission  to  help  at  home,  every 
such  child  residing  in  any  city  in  which  such  classes  are 
established  shall  attend  such  classes  not  less  than  four  hours 
per  week  and  every  employer  shall  allow  all  minor  employes 
under  eighteen  years  of  age  who  have  not  completed  the 
eighth  grade,  a  reduction  in  hours  of  work  of  not  less  than 
the  number  of  hours  the  minor  is  by  this  section  to  attend 
schools. 

Am.  1917,  Act  280. 

Drake  v.  Industrial  Works,  174/623;  Powell  v.  E,  H.   Stafford  Mnfg.  Co., 

183  /  1. 

NEGLIGENCE. — The  employment  of  a  child  under  the  age  of  13  years  to 
work    upon    a    mangle   in    a    laundry   is    plainly   a   violation    of    this    statute, 

184  /  479  ;  Paskvan  v.   Allouez   Mining  Co.,   185  /  332. 

For  blank  forms  in  connection  with  this  section,  see  Appendix. 


unlawful  to 
organize,  etc. 


FRATERNITIES,  SORORITIES,  ETC.,  ABOLISHED. 

An  Act  to  abolish  fraternities,  sororities  and  all  other  secret  societies 
among  the  pupils  of  the  public  schools  of  the  state  of  Michigan. 

[Act  271,  P.  A.  1011.] 
The  People  of  the  State  of  Michigan  enact: 

(418)     §  5827.     SECTION  1.     It  shall  be  unlawful  for  any 
Of  foe  public  schools  of  the  state  of  Michigan  in  any 


GENERAL  SCHOOL  LAWS. 


191 


Teacher, 
duty  of. 


Board  of 

education, 

Investiga- 


DI  inner  to  organize,  join  or  belong  to  any  fraternity,  sorority 
oi  any  other  secret  society  composed  or  made  up  of  pupils 
o:  the  public  schools. 

(419)  §  5828.     SEC.  2.     It   shall   be   the   duty   of   every 
t<  icher,  principal,  or  superintendent,  having  knowledge  or 
r<  ason  to  believe  that  such  fraternity,  sorority,  or  any  other 
s<  2ret  society  is  being  organized  or  maintained  in  any  of  the 
s<  hools  of  the  state,  or  that  any  of  the  pupils  attending  said 
s<  hools  are  organizing  or  belonging  to  such  fraternity,  soro- 
rity  or  any  other  secret  society,  to  advise  immediately  the 
1 1  csidcnt  or  secretary  of  the  board. of  education  in  charge 
o    such  schools,  of  such  facts.    Upon  receipt  of  such  notice, 
o    of  any  other  information  that  this  act  is  being  violated, 

t]  e  board  of  education  shall  proceed  to  investigate  the  facts  tlon- 
c  ncerning  the  same,  and  if  after  giving  all  pupils  suspected 
o  such  violation  a  reasonable  opportunity  for  a  hearing,  it 
s  all  satisfactorily  appear  to  the  board  of  education  that  any 
p  ipil  has  become  connected  with  such  an  organization,  or 
h  is  promised  to  join  such  organization,  the  board  shall  take 
s  ich  steps  as  it  shall  deem  necessary  to  abolish  such  organi- 
z  tion,  and  it  may  inflict  such  punishment  on  the  pupils  so 
c  »nnected  therewith  as  the  board  shall  deem  expedient. 

(420)  §  5829.     SEC.  3.     Any    officer,    teacher,    principal, 
s  iperintendent  or  other  person  mentioned  in  this  act  neglect- 
ii  g  to  perform  any  duty  imposed  upon  him  by  this  act,  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
n  >t  more  than  twenty-five  dollars  for  each  offense. 


Penalty  for 
neglect. 


TEACHERS'  ASSOCIATIONS. 

An  Act  to  incorporate  teachers'  associations. 
[Act  117,  S.  L.  1855.] 

The  People  of  the  State  of  Michigan  enact: 

(421)     §  10174.     SECTION  1.     Any  fifteen  or  more  teach 

*s,  or  other  persons  residing  in  this  state,  who  shall  associate  ™*poration 

>r  tho   purpose  of  promoting  education  and  science,  and 

nprovements  in  the  theory  and  practice  of  teaching,  may 

)rin  themselves  into  a  corporation,  under  such  name  as  they 

lay  choose,   providing  they  shall  have  published  in  some 

e\vspji|H*r  printed  at  Lansing,  or  in  the  county  in  which  such 

ssocintion  is  to  he  located,  for  at  least  one  month  previous, 

notice  of  the  lime,  place  and  purpose  of  the  meeting  for 

ch  association,  and  shall  file  in  the  office  of  the  secretary 

state  a  copy  of  the  constitution  and  by-laws  of  said  asso- 

ation. 


192 


STATE  OF  MICHIGAN. 


May  hold 
property. 

Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
corporations. 


(422)  §  10175.     SEC.  2.     Such  association  may  hold  and 
possess  real  and  personal  property  to  the  amount  of  five 
thousand  dollars,  but  the  funds  or  property  thereof  shall  not 
be  used  for  any  other  purpose  than  the  legitimate  business  of 
the  association  in  securing  the  objects  of  its  corporation. 

(423)  §  10176.     SEC.  3.     Upon  becoming  a   corporation, 
as  hereinbefore  provided,  they  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the  revised 
statutes  of  this  state,  so  far  as  such  provisions  shall  be 
applicable  in  such  case,  and  not  inconsistent  with  the  pro- 
visions of  this  act. 

Chap.  55  referred  to  is  sections  11328-42,  C.  L.  1915. 


Retirement 
fund  board. 


Terms  of 
office. 


Vacancies. 


Officers  of 
board. 


Terms. 


Secretary, 
compensation. 

Expenses. 


Annual 
meeting. 


Absence  from 
meetings. 


An  Act  to  provide  for  a  retirement  fund  for  teachers  in  certain  cases. 
[Act  174,  P.  A.  1915.] 

The  People  of  the  State  of  Michigan  enact: 

(424)  §  5767.     SECTION  1.     There    shall    be    a    teachers' 
retirement  fund  board,  hereinafter  called  the  retirement  fund 
board,  consisting  of  the  superintendent  of  public  instruction 
and  five  other  members  appointed  by  the  governor.    At  least 
one  of  such  members  shall  be  a  woman  teacher  in  the  public 
schools.     The  first  appointments  shall  be  made  within  ten 
days  after  this  act  takes  effect.    The  members  of  such  board 
first  appointed  shall  hold  office  respectively  for  terms  of  one, 
two,  three,  four  and  five  years  from  August  one,  nineteen 
hundred  fifteen,  to  be  designated  in  the  appointments.    Their 
successors  shall  be  appointed  for  terms  of  five  years.     A 
vacancy  in  the  office  of  any  member  shall  be  filled  for  the 
unexpired  term  by  the  governor. 

(425)  §  5768.     SEC.  2.     There    shall   be    a    president,    a 
vice-president  and  a  secretary  of  said  board  to  be  elected  by 
a  majority  vote  of  the  members  of  the  board.    The  president 
and  vice-president  shall  be  elected  for  terms  of  one  year.    The 
term  of  office  of  the  secretary  shall  be  fixed  by  the  board,  but 
shall  not  exceed  three  years.     The  secretary  shall  not  be  a 
member  of  the  board.    His  salary  or  compensation  shall  be 
fixed  by  the  board,  but  shall  not  exceed  eighteen  hundred 
dollars  a  year.    The  members  of  the  board  shall  serve  with- 
out compensation,  but  they  shall  be  entitled  to  their  expenses 
actually  incurred  in  attending  the  meetings  of  the  board  and 
in  performing  services  as  members  thereof.    The  board  shall 
meet  annually  at  Lansing,  on  the  first  Friday  in  October, 
and  shall  hold  such  other  meetings  as  they  deem  necessary. 
If  a  member  of  the  board  be  absent  from  two  consecutive 
meetings  without  reasonable  excuse  for  such  absence,  accepted 
by  the  board,  his  office  shall  be  declared  vacant  by  the  board, 
and  such  vacancy  filled  as  hereinbefore  provided. 


GENERAL  SCHOOL  LAWS. 


193 


(426)  §  5769.     SEC.  3.     The    state    treasurer    shall    be 
e:  -officio  treasurer  of  the  retirement  fund  and  shall  be  the 
ci  stcHlinn  thereof.     The  moneys  belonging  thereto  shall  bo 
d-  posited  by  him  in  banks  or  trust  companies,  subject  to  the 
s.  me   provisions   of  law   as   regulate   the   deposit   of   state 
fi  ads.    The  retirement  fund  board  shall  determine  from  time 
t<    time  the  investment  of  the  permanent  retirement  fund, 
bi  t  each  investment  shall  be  subject  to  the  approval  of  the 
si  ite  treasurer  and  such  fund  shall  only  be  invested  in  those 
s.  -urities  in  which  savings  bank  deposits  may  be  lawfully 
ii  rested. 

(427)  §  5770.     SEC.  4.     The  retirement  fund  board,  sub- 
j<  't  to  the  provisions  of  this  act,  shall  have  power: 

(1)  To  select  such  employes  as  may  be  necessary  to  carry 
ii  to   effect  the  provisions  of  this  act,   and   fix  their  com- 
p  nsation  and  prescribe  their  duties ;     . 

(2)  To  investigate  all  matters  relating  to  the  operation 
o    this  act,  and  for  that  purpose  .to  subpoena  witnesses  and 
e<  in  pel  their  attendance  to  testify  before  it.     Any  member 

0  the  board  may  administer  oaths  or  affirmations  to  such 
w  tnesses; 

(3)  To  require  all   boards,   officers  and   persons  having 
d  itios  to  perform  hereunder  in  respect  to  contributions  by 
tc  'ichors  to  the  retirement  fund,  to  report  from  time  to  time 
OH  such   matters  relating  to  such  contribution  as  it  shall 
(Loin  advisable,  and  to  prescribe  the  form  of  such  reports; 

(4)  To  draw  its  warrants  upon  the  state  treasurer  for  the 
p;  yment  of  annuities  to  teachers  who  have  been  retired  as 
provided  in  this  act.  and  for  the  purchase  of  such  securities 
as   the  board  shall  have  decided  to  purchase  as  herein  pro- 
vi  led.     No  payment  shall  be  made  from  the  teachers'  retire- 
in  int   fund,  except  upon  warrant  drawn  pursuant  to  resolu- 
ti  m  duly  adopted  by  the  board  and  signed  and  attested  ;is 
tie  hoard  may  prescribe; 

(5)  To    increase    the    contributions    from    the    teachers 
a<  cording  to  the  provision   made  in  section   six  of  this  act: 
Provided,   That   such   increase   shall    not   be   made   until   the 
Pf  ntrihutions   from   all   sources,   not   including  the   principal 

01  the    permanent    fund,    are    insufficient    to    carry    out    the 
provisions  of  this  net  :      Provided.  That   after  collecting  the 
additional  contributions  as  ,-ihovo  provided,  should  there  still 
be  insullieient  funds  in  any  year  to  pay  all  annuities  in  full, 

en,  and  in  such  case,  each  teacher  entitled  to  an  annuity, 
ill  he  paid  pro  rata  in  same  proportion  MS  the  amount  of 
ney  on  hand  is  to  the  amount  due. 

§  5771.     Si:r.  r>.     The  retirement  fund  hoard  shall 
ke  rules  ix>t    inconsistent   with  the  provisions  of  this  act. 
ich,  when  approved  by  the  superintendent  of  public  instruc- 
n,  shall  have  the  force  and  effect  of  law. 
ch  rules  shall : 


Treasurer  of 
fund. 

Care  of 
moneys. 


Investment. 


Powers  of 
board. 


Proviso, 
increase  of 
contributions. 


Proviso,    pro 
rata  pay- 
ments. 


Rules. 


194 


STATE  OF  MICHIGAN. 


What  to 
provide. 


Contributions 
to  retirement 
fund. 


Proviso, 
increase  of 
contributions. 


Proviso, 
idem. 


Proviso, 
idem. 


Who  deemed 
to  have 
agreed  to 
contribute.  . 


Contribution 
by  teachers 
employed. 


(1)  Provide  for  the  conduct  and  regulation  of  the  meet- 
ings of  the  board  and  the  transaction  of  its  business ; 

(2)  Prescribe  the  manner  of  payment  of  contributions  by 
teachers    to   the    retirement    fund,    and    the   payment    and 
methods  of  payment  of  annuities  therefrom; 

(3)  Establish  a  system  of  accounts,  showing  the  condi- 
tion of  said  fund,  the  receipts,  expenditures  and  investments ; 

(4)  Prescribe  the  forms  of  all  accounts,  warrants,  reports 
and  other  documents  to  be  used  by  all  persons  and  officers 
having  duties  to  perform  under  this  act ; 

(5)  Kegulate  the  performance  of  duties  of  boards  of  edu- 
cation, trustees,  and  other  officers  and  persons,  imposed  upon 
them  by  this  act  in  respect  to  the  contributions  by  teachers 
to  the  retirement  fund,  and  the  deduction  of  such  contribu- 
tions from  teachers'  salaries. 

(429)  §  5772.  SEC.  6.  (1)  All  teachers,  except  those, 
who,  being  under  contract  when  this  act  takes  effect,  do  not 
elect  to  come  under  its  provisions,  shall  contribute  to  the 
retirement  fund  according  to  the  following  provisions : 

(a)  A  teacher  who  shall  have  taught  five  years  or  less, 
in  this  state  or  elsewhere  in  public  schools,  shall  contribute 
one-half  per  centum  of  his  or  her  annual  contractual  salary, 
but  not  more  than  five  dollars  during  any  year:    Provided, 
That  the  retirement  fund  board  may  increase  the  contribu- 
tions to  one  per  centum  of  his  or  her  annual  contractual 
salary,  but  to  not  more  than  ten  dollars  in  any  year. 

(b)  A  teacher  who  shall  have  so  taught  more  than  five 
years,  but  less  than  fifteen  years,  shall  contribute  one  per 
centum  of  his  or  her  annual  contractual  salary,  but  not 
more  than  ten  dollars  during  any  year :    Provided,  That  the 
retirement  fund  board  may  increase  the  contribution  to  two 
per  centum  of  his  or  her  annual  contractual  salary,  but  to 
not  more  than  twenty  dollars  during  any  year. 

(c)  A  teacher  who  shall  have  so  taught  fifteen  years  or 
more,  shall  contribute  two  per  centum  of  his  or  her  annual 
contractual  salary,  but  not  more  than  twenty  dollars  during 
any  year:     Provided,  That  the  retirement  fund  board  may 
increase  the  contribution  to  three  per  centum  of  his  or  her 
annual  contractual  salary,  but  to  not  more  than  thirty  dol- 
lars during  any  year. 

(2)  After  this  act  takes  effect,  every  teacher  contracting 
to  teach  in  the  public  schools,  including  all  who  under  any 
previous  contract  of  employment  have  not  elected  to  come 
under  this  act,  shall,  by  so  contracting,  be  conclusively  deemed 
to  agree  to  pay  and  to  authorize  the  deduction  from  salary  of 
the  assessments  herein  provided. 

(3)  Any  person  who  when  this  act  takes  effect  is  employed 
as  a  teacher  in  the  public  schools,  may  within  the  unexpired 
term  of  such  employment  elect  to  come  under  the  provisions 
of  this  act  by  notifying  in  writing  the  retirement  fund  board, 
and  at  the  same  time  filing  with  the  local  school  board  or 


I 


GENERAL  SCHOOL  LAWS. 


195 


0  her  body  vested  with  control  of  such  schools,  a  duplicate 
o ?  such  notice  and  an  authorization  to  deduct  from  earh 
s  ibsequent  installment  of  salary  the  proper  assessment,  as 
L  jrein  prescribed. 

(430)  §  5773.     SEC.  7.     Boards    of    education,    trustees, 
{i  id  other  school  authorities,  having  duties  to  perform  in 
inspect  to  the  payment  of  salaries  to  school  teachers  who  are 
under  this  act,  shall  cause  to  be  deducted  from  each  install- 
11  ent  of  salary  of  such  teachers  the  pro  rata  amount  due  from 
s  tch  teachers  to  the  teachers'  retirement  fund,  and  forward  the 
s  ime  to  the  treasurer  thereof,  as  prescribed  by  the  retirement 
f  ind  board.    Every  officer  and  person  failing  to  perform  any 
c  u ty  prescribed  by  this  act,  shall  be  liable  to  a  penalty  of  fifty 
(  )llars  for  each  offense,  to  be  recovered  in  an  action  of  debt 

1  i  the  name  of  the  people  of  the  state  of  Michigan.    And  in 
c  ise  of  any  such  liability,  the  attorney  general,  upon  requisi- 
t  on  of  the  retirement  fund  board,  shall  prosecute  and  recover 
t  le  penalty  herein  provided,  and  when  recovered  pay  the  same 
t  >  the  treasurer  of  the  school  district  who  shall  place  the 
e  ime  to  the  credit  of  the  library  fund  of  the  said  district. 

(431)  §  5774.     SEC.  8.     A  teacher  who  has  taught  for  a 
\  eriod  or  periods  aggregating  thirty  years,  of  which  period 
ti  t  least  fifteen  years,  including  the  last  five  years  of  service 
I  receding  the  application  for  retirement,  shall   have  been 
s  }ent  in  the  public  schools  in  this  state,  shall,  upon  and 
during  retirement  from  actual  service  as  a  teacher  on  or  after 
1  'ecember  one,  nineteen  hundred  fifteen,  be  entitled  to  an 
annuity  of  a  sum  equal  to  one-half  of  the  average  annual 
c  nitractual  salary  paid  to  said  teacher  during  the  last  five 
years  of  service,  but  no  such  annuity  shall  exceed  five  hun- 
dred  dollars  nor   be  less  than   three   hundred  dollars.     A 
teacher  who  has  taught  for  a  period  or  periods  aggregating 
t  jventy-five  years,   of   which   period   at   least   fifteen   years, 
including  the  last  five  years  of  service  preceding  the  appli- 
cition  for  retirement,  shall  have  been  spent  in  the  public 
schools  of  this  state,  shall,  upon  and  during  retirement  from 
actual  service  as  a  teacher,  on  or  after  December  one,  nine- 
t»sen  hundred  fifteen,  be  entitled  to  an  annuity  which  bears 
tie  same  ratio  to  the  annuity  provided  for  on  retirement 
after  thirty  years  of  service  as  the  total  number  of  years  of 
service  of  said  person  bears  to  thirty  years.    A  teacher  who, 
having  taught  in  the  public  schools  of  this  state  for  a  period 
or  periods  aggregating  fifteen  years  or  more  and  being  in 
tie  judgment  of  the  employing  board  either  physically  or 
mentally  incapable  of  teaching,  is  deemed  deserving  of  an 
annuity  by  the  retirement  fund  board,  may  be  retired,  and 

i  hall,  upon  retirement,  be  entitled  to  an  annuity  of  as  many 
;airtieths  of  the  full  annuity  herein  provided  after  thirty 
rears'  service  as  said  teacher  has  taught  years  in  the  public 
tools  of  this  state.  The  time  spent  in  teaching  in  any  pub- 
institution  of  this  state  shall,  for  the  purposes  of  this 


Deductions 
from  salaries 


Failure  to 
comply. 


Penalty. 

Recovery  and 
disposition. 


Annuities 

upon 

retirement. 

Thirty  years' 
service. 


Twenty-five 
years'  service. 


Fifteen  years' 
service. 


196 


STATE  OF  MICHIGAN. 


Proviso, 
last  five 
years. 

Retirement, 
how  had. 

Request. 


Determina- 
tion by  board. 

What  deemed 
year's  service. 


Who  not 
entitled  to 
annuity. 


How  may 

become 

annuitant. 


section,  count  as  part  of  the  aggregate  time  of  teaching: 
Provided,  That  the  last  five  years  of  service  shall  have  been 
that  of  a  teacher  as  defined  by  this  act.  Retirement  may  be 
had  on  request  of  the  teacher  or  upon  the  request  of  a  board 
of  education  or  other  governing  body  of  a  school  district. 
Bequest  for  retirement  shall  be  made  in  writing  addressed 
to  the  retirement  fund  board,  accompanied  by  evidence  show- 
ing that  the  teacher  named  is  entitled  to  retirement,  and  has 
complied  with  the  provisions  of  this  act,  and  the  rules  of  the 
board  relating  to  the  payment  of  annuities.  The  board  shall 
pass  upon  all  requests  for  retirement  and  shall  determine 
whether  such  requests  should  be  granted.  In  computing 
terms  of  service  under  this  act,  a  year  shall  be  a  legal  school 
year  at  the  time  and  place  where  said  service  was  rendered, 
except  that  the  time  of  service  outside  the  state  shall  be 
reckoned  by  the  number  of  years  that  the  number  of  weeks 
taught  would  make  of  legal  school  years  in  this  state. 

(432)  §  5775.     SEC.  9.     1.     No  teacher  shall  be  entitled 
to  an  annuity  who  has  not  contributed  to  the  retirement  fund 
an  amount  equal  to  at  least  one  hundred  per  centum  of  his  or 
her  annuity  for  one  year.    But  a  teacher  otherwise  entitled 
to  retirement  and  to  an  annuity  under  this  act,  may  become 
an  annuitant  and  entitled  to  an  annuity  by  making  a  cash 
payment  to  the  retirement  fund  of  an  amount  which  when 
added  to"  his  or  her  previous  contributions  to  said  fund,  will 
equal  one  hundred  per  centum  of  his  or  her  annuity  for  one 
year,  or  if  unable  to  pay  in  advance  the  sum  required  to  make 
up  the  said  one  hundred  per  centum  of  the  yearly  annuity, 
by  authorizing  the  withholding  of  such  annuity  until  the 
amount  withheld  shall  equal  the  sum  required  to  make  up  said 
one  hundred  per  centum.    The  amount  so  withheld  shall  be 
credited  to  said  retirement  fund. 

2.  Annuities  shall  be  paid  quarterly  to  the  teachers  enti- 
tled thereto,  upon  the  warrants  or  orders  of  the  retirement 
fund  board.     Vouchers  or  receipts  therefor  shall  be  signed 
in  duplicate  by  annuitants.    Said  duplicate  receipts  shall  be 
returned  to  the  secretary  of  the  board,  and  one  of  them  shall 
be  retained  in  his  office  and  the  other  shall  be  filed  in  the 
office  of  the  state  treasurer. 

3.  Each  annuity  shall  date  from  the  time  when  the  retire- 
ment fund  board  shall  grant  the  application  for  the  retirement 
of  the  annuitant. 

(433)  §  5776.     SEC.  10.    Any  teacher  who  shall  cease  to 
teach  in  the  public  schools  of  this  state  before  receiving  any 
annuity  from  the  retirement  fund,  shall,  if  application  be 
made  in  writing  to  the  retirement  fund  board  within  four 
months  after  the  date  of  such  cessation,  be  entitled  to  the 
return  of  one-half  of  the  amount,  without  interest,  which 
shall  have  been  paid  into  the  fund  by  such  teacher.    If  such 
teacher  should  again  thereafter  teach  in  said  public  schools, 
he  or  she  shall,  within  ono  year  from  the  date  of  his  or  her 


Annuities 

payable 

quarterly. 


Duplicate 
vouchers. 


Date  of 

annuity. 


Cessation  of 
teaching. 


Return  to 
teaching. 


GENERAL  SCHOOL  LAWS. 


197 


Resumption 
of  teaching. 


Definition    of 
"teacher." 


Others 
included. 


rc  ;urn  to  the  service  in  said  public  schools,  return  to  the 
r<  Irement  fund  the  amount  so  returned  to  such  teacher, 
t<  Aether  with  simple  interest  on  said  amount  at  the  rate  of 
•fr  e  per  centum  per  annum,  for  the  time  such  amount  was 
w  thdrawn  from  the  fund. 

(434)  §  5777.  SEC.  11.  IT  any  person  retiring  under 
II  s  act  shall  resume  teaching  in  this  state  or  elsewhere,  the 
a  unity  paid  to  such  person  shall  cease  during  the  time  of 
tt  tching,  but  shall  a^-iin  he  paid  after  a  subsequent  retire- 
n  i  *nt. 

i  i:',r>)  §  5778.  SEC.  12.  The  term  "teacher"  as  used  in 
tl  is  act  shall  include  all  persons  employed  in  teaching  by 
a  y  city  board  of  education  or  school  board,  of  any  city, 
t(  wn,  village  or  rural  school  district  in  this  state,  and  all 
si  perintendents  and  assistant  superintendents  of  said  schools, 
a  I  supervisors  of  instruction,  all  principals  and  assistant 
p  incipals,  and  special  teachers  of  said  schools.  It  shall 
ii  elude  county  school  commissioners,  county  normal  teachers, 
tl  e  superintendent  of  public  instruction  and  his  deputies. 
I  shall  include  all  persons  employed  in  teaching  or  educa- 
ti  >nal  work  in  the  following  public  institutions :  Industrial 
h  »me  for  girls,  industrial  home  for  boys,  Michigan  employ- 
n  ent  institution  for  the  blind,  school  for  the  blind,  school 
f(  r  the  deaf  and  state  public  school  and  state  normal  colleges 
a:  id  normal  schools.  The  words  "retirement  fund"  as  used  in 
tl  is  act  shall  mean  the  Michigan  state  teachers'  retirement 
fi  nd  for  public  school  teachers  as  established  by  this  act. 

436)  §  5779.  SEC.  13.  There  is  hereby  established  the 
Michigan  state  teachers'  retirement  fund  for  public  school 
teachers,  which  shall  consist  of 

(1)  All  contributions   made   by  teachers  as  herein  pro- 
vi  ded ; 

(2)  All  donations,  gifts,  legacies  and  bequests  which  shall 
made  to  establish  a  permanent  fund,  of  which  the  income 

it  not  the  principal  shall  be  used  for  the  purposes  hereof; 

(3)  The  income  derived  from  the  investment  of  said  per- 
mnent  fund. 

(437)  §  5780.  SEC.  14.  This  act  shall  not  apply  to  any 
school  district  wherein  public  school  teachers  are  required  or 

Iithorized  to  contribute  to  a  teachers'  retirement  fund,  or  in 
hich  such  teachers  are  entitled  to  annuities  or  pensions, 
i  accordance  with  any  special  or  local  act :    Provided,  how- 
/er,  That  any  school  district,  now  having  a  local  teachers' 
itirement   fund   may,   upon   request   of   two-thirds   of  the 
,achers  contributing  to  said  fund,  by  a  majority  vote  of  the 
alified  electors  of  said   school   district,   discontinue  said 
nd,  and  then  the  provisions  of  this  act  shall  apply  to  such 
strict  in  like  manner  as  to  other  districts  of  the  state, 
lereupon  all  funds  held  for  the  purpose  of  such  local  retire- 
ent  or  annuity  fund,  after  payment  of  any  outstanding 
ligations  other  than  annuities,  shall  be  paid  into  the  state 


"Retirement 
fund"  de- 
fined. 


Of  what  fund 
to  consist. 


IX 

:: 


Act  not  to 
apply. 


Proviso, 
when  to 
apply. 


198 


STATE  OF  MICHIGAN. 


treasury  and  credited  to  the  permanent  retirement  fund 
herein  provided  for.  All  persons  who  previously  to  such 
determination  by  the  state  retirement  fund  board  have 
become  entitled  to  an  annuity  from  such  local  fund,  shall 
become  annuitants  under  this  act  and  shall  receive  the  same 
maximum  amount  thereafter  that  they  would  have  received 
from  such  local  fund,  and  the  teachers  of  such  district  shall 
contribute  thereafter  to  the  state  retirement  fund,  as  is 
provided  in  section  six  of  this  act,  and  shall  be  entitled  to  the 
same  rights  and  privileges  hereunder  and  be  subject  to  the 
same  duties  and  obligations  as  are  the  teachers  of  other 
districts. 


"Public 

moneys" 

defined. 


Public  moneys 
to  be  kept 
separate  from 
all  other 
funds. 


How  used. 


Interest  on 
public  moneys 
to   constitute 
a  general 
fund. 


Officers  not  to 
receive  con- 
sideration for 
deposits  of 
money. 


STATE  ACCOUNTS. 

An  Act  to  provide  for  the  safe  keeping  of  public  moneys. 
[Act  131,  P.  A.  1875.] 

The  People  of  the  State  of  Michigan  enact: 

(438)  §  298.     SECTION  1.    That  aU  moneys  which  shall 
come  into  the  hands  of  any  officer  of  the  state,  or  of  any 
officer  of  any  county,  or  of  any  township,  school  district, 
highway  district,  city  or  village,  or  of  any  other  municipal 
or  public  corporation  within  this  state,  pursuant  to  any  pro- 
vision of  law  authorizing  such  officer  to  receive  the  same, 
shall  be  denominated  public  moneys  within  the  meaning  of 
this  act. 

See  Fire  and  Water  Commrs.  v.  Wilkinson,  119  /  659. 

As   to   county   treasurers,   see   Perley   v.   Muskegon   Co.,    32  /  132.     See  also 
section  2366,  C.  L.  1915,  and  notes. 

(439)  §299.     SBC.  2.    It  shall  be  the  duty  of  every  officer 
charged  with  the  receiving,  keeping,  or  disbursing  of  public 
moneys  to  keep  the  same  separate  and  apart  from  his  own 
money,  and  he  shall  not  commingle  the  same  with  his  own 
money,  nor  with  the  money  of  any  other  person,  firm  or  cor- 
poration. 

(440)  §  300.     SEC.  3.     No  such  officer  shaU,  under  any 
pretext,  use,  nor  allow  to  be  used,  any  such  moneys  for  any 
purpose  other  than  in  accordance  with  the  provisions  of  law ; 
nor  shall  he  use  the  same  for  his  own  private  use,  nor  loan 
the  same  to  any  person,  firm,  or  corporation  without  legal 
authority  so  to  do. 

(441)  §  301.     SEC.  4.     In  all  cases  where  public  moneys 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned 
to  any  individual,  firm,  or  corporation,  for  interest,  the  inter- 
est accruing  upon  such  public  moneys  shall  belong  to  and 
constitute  a  general  fund  of  the  state,  county,  or  other  public 
or  municipal  corporation,  as  the  case  may  be. 

(442)  §  302.     SEC.  5.     In  no  case  shall  any  such  officer, 
directly  or  indirectly,  receive  any  pecuniary  or  valuable  coi 
sideration  as  an  inducement  for  the  deposit  of  any  pub! 


GENERAL  SCHOOL  LAWS. 


m<  neys  with  any  particular  bank,  person,  firm,  or  corpora- 
ti<  n. 

(443)  §  303.     SEC.  6.     The  provisions  of  this  act  shall 
a]  ply  to  all  deputies  of  such  officer  or  officers,  and  to  all 
cl«  rks,  agents,  and  servants  of  such  officer  or  officers. 

(444)  §  304.     SEC.  7.    Any  person  guilty  of  a  violation 
of  any  of  the  provisions  of  this  act   shall,   on   conviction 
tli  jreof,  be  punished  by  a  fine  not  exceeding  one  thousand 
d<  liars,  or  imprisonment  in  the  county  jail  not  exceeding  six 
m  mths,  or  both  such  fine  and  imprisonment  in  the  discretion 
ol  the  court:     Provided,  That  nothing  in  this  act  contained 
si  ill  prevent  a  prosecution  under  the  general  statute  for 
ei  ibezzlement  in  cases  where  the  facts  warrant  a  prosecution 
U7  der  such  general  statute. 

(445)  §  ^305.     SEC.  8.     Any  officer  who  shall  wilfully  or 
cc  rruptly  draw  or  issue  any  warrant,  order,  or  certificate  for 
tl  &  payment  of  money  in  excess  of  the  amount  authorized  by 
la  »v,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 
gi  ilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
tJ  e  preceding  section. 


199 


Provisions 
of  act  to 
apply  to  dep- 
uties, etc. 

Penalty  for 
violating 
provisions 
of  act. 


Proviso. 


Penalty  for 
Illegal  pay- 
ment of 
money. 


RECEIPTS  FROM  BOXING,  ETC.,  CONTESTS. 

(Prom  this  act  Is  quoted  only  an  extract  from  the  section  relating  to  the 
>e  *centage  of  receipts  from  boxing,  etc.,  contests  turned  over  to  state  treasurer 
o  the  state  school  fund.) 


[Extract  from  Act  328,  P.  A.  1919.] 


(446)  SEC.  9.  Every  person,  club,  corporation  or  asso- 
ciation which  may  hold  or  exercise  any  of  the  privileges 
cc  nf erred  by  this  act  shall  within  twenty-four  hours  after  the 
termination  of  every  contract,  furnish  to  the  board  a  written 
report,  duly  verified  by  one  of  its  officers  showing  the  number 
ol  tickets  sold  for  such  contest  and  the  amount  of  the  gross 
proceeds  thereof,  and  such  other  matters  as  the  board  may 
p  -escribe  and  shall  within  the  same  time  pay  to  the  board  a 
t£.x  of  ten  per  cent  of  its  gross  receipts  from  the  sale  of  all 
tickets  to  such  boxing  or  sparring  match,  wrestling  contests 
or  exhibitions,  which  tax  after  the  payment  therefrom  of  the 
expenses  of  the  board  and  the  salary  of  the  state  athletic 
commissioner  and  the  secretary  of  the  board  as  herein  pro- 
v  ded,  shall  be  turned  over  to  the  state  treasurer  and  by  him 
lited  to  the  state  school  fund.  *••••*• 


Report  of 
tickets  sold, 
etc. 


200 


STATE  OF  MICHIGAN. 


To  be  a  body 
corporate. 


To  hold 
property  of 
normal 
school,  etc. 


Proviso. 


Further 
proviso. 


Power  of 
board. 


Quorum. 
Processes. 


Of  the 
normal 
school. 


Proviso. 


STATE  BOARD  OF  EDUCATION. 

An  Act  to  revise  and  consolidate  the  laws  relative  to  the  state  board 

of  education. 

[Act  194,  P.  A.  1889.] 

The  People  of  tJie  State  of  Michigan  enact: 

(447)  §  1190.     SECTION  1.     That  for  the  purpose  of  ren- 
dering more  efficient  their  organization,  and  to  enable  them 
more  fully  to  carry  into  effect  the  provisions  of  the  constitu 
tion  relative  thereto,  the  state  board  of  education  shall  be 
and  they  are  constituted  a  body  politic  and  corporate,  and 
are  hereby  empowered  to  purchase,  have,  hold,  possess  and 
enjoy  to  themselves  and  their  successors,  all  the  lands,  tene- 
ments, hereditaments,  goods,  chattels  and  effects  of  every 
kind  now  belonging  to  the  state  normal  school  or  that  may 
hereafter  be  acquired  by  the  same;  and  the  same  to  grant, 
alien,  invest,  sell  and  dispose  of;  to  sue  and  [to]  be  sued, 
plead  and  be  impleaded,  in  all  the  courts  in  this  state;  to 
have  and  to  use  a  seal,  and  the  same  to  change,  alter  and 
renew  at  pleasure,  and  to  make  such  by-laws  and  regulations 
as  they  may  deem  proper  for  the  government  and  conduct  of 
said  [board]  and  for  the  transaction  of  its  business:    Pro- 
vided, The  same  be  not  repugnant  to  the  constitution  or  laws 
of  this  state  or  of  the  United  States :    Provided  further,  That 
said  corporation  shall  be  subject  to  the  provisions  of  chapter 
fifty-five  of  the  revised  statutes  of  eighteen  hundred   and 
forty-six,  so  far  as  the  same  can  apply,  and  are  not  inconsist- 
ent with  the  provisions  of  this  act. 

Chapter  55  of  the  revised  statutes  of  1846  contains  the  "general  provisions 
relating  to  corporations"  and  will  be  found  in  chapter  230,  sections  11328-42, 
compiled  laws  of  1915.  See  acts  138  and  178  of  1849,  establishing  a  state 
normal  school. 

(448)  §  1191.     SEC.  2.     Said  board  shall  have  power  to 
transact  all  necessary  business  at  any  meeting,  a  quorum 
being  present.     Said  board   shall  make  and   provide   such 
by-laws  and  regulations  for  the  conduct  of  its  business  as  it 
shall  deem  proper.     A  quorum  of  said  board  shall  consist 
of  a  majority  of  its  members.     All  processes  against  said 
board  of  education  shall  be  served  on  the  president  or  secre- 
tary thereof. 

(449)  §  1192.     SEC.  3.     The    state    board    of    education 
shall  continue  the  normal  school  at  Ypsilanti  in  the  county  of 
Washtenaw,  where  it  is  now  located.     The  purpose  of  the 
normal  school  shall  be  the  instruction  of  persons  in  the  art  of 
teaching,  and  in  all  the  various  branches  pertaining  to  the 
public  schools  of  the  state  of  Michigan:     Provided,  There 
shall  be  prescribed  for  said  school  a  course  of  study  intended 
specially  to  prepare  students  for  the  rural  and  the  elementary 


GENERAL  SCHOOL  LAWS. 


201 


[£  'aded]  schools  of  the  state,  which  shall  provide  not  less 
tl    n  twenty  weeks  of  special  professional  instruction. 

450)  §  1193.  SEC.  4.  No  member  of  said  board -of  edn- 
c:  ion  shall,  during  his  continuance  in  oftice,  act  as  the  agent 
ol  any  publisher  or  publishers  of  school  books  or  school 
li  rary  books,  or  be  or  become  interested  in  the  publication 
01  sale  of  any  such  book  or  books  as  agent  or  otherwise. 

(451)  §  1194.     SEC.  5.     Said  board  shall  provide  all  nec- 
es  ;ary  courses  of  study  to  be  pursued  in  the  normal  school 
ai  d  establish  and  maintain  in  connection  therewith  a  fully 
ei  lipped   training  school   as   a   school   of   observation   and 
p  actice,  and  shall  grant,  upon  the  completion  of  either  of 
s;  id  courses,  such  diploma  as  it  may  deem  best,  and  such 
d  oloma  when  granted  shall  carry  with  it  such  honors  as  the 
e:  tent  of  the  course  for  which  the  diploma  is  given  may 
w  irrant  and  said  board  of  education  may  direct. 

(452)  §  1195.     SEC.  6.     Upon  the  completion  of  the  course 
8]  ecially  prescribed  as  hereinbefore  provided  for  the  rural 
a;  d  elementary  graded  schools,  said  board  of  education  shall, 
u  »on  the  recommendation  of  the  principal  and  a  majority  of 
tl  e  heads  of  the  departments  of  said  school,  grant  a  certificate 
\v  lich  shall  be  signed  by  said  board  and  the  principal  of 
tl  e  normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which 
s;  id  course  has  been  provided  for  a  period  of  five  years: 
Provided,  That  said  certificate  may  be  suspended  or  revoked 
1)     said  state  board  of  education  upon  cause  shown  by  any 
county  board   of  examination,  or  by  any  board  of  school 
oilicers. 

(453)  §  11 90.     SEC.  7.     Upon  the  completion  of  either  of 
tl.e  advanced  courses  of  study  prescribed  by  said  state  board, 
which  shall  require  not  less  than  four  years  for  their  comple- 
tion, said  hoard  of  education,  upon  the  recommendation  of 
the.  principal  and  a  majority  of  the  heads  of  departments 
o    said  school,  shall  issue  a  certificate  to  the  person  complet- 
ing said  course,  which  certificate  shall  be  referred  to  in  the 
d  ploma  hereinbefore  provided  to  be  granted.    Said  certificate 
sliall  set  forth  a  list  of  the  studies  of  the  course  completed 
a  ad,  when  given,  shall  operate  as  a  life  certificate,  unless 
revoked  by  said  state  board  of  education. 

(454)  §  1197.     SEC.  8.     The    board    of    education    shall 
take  such  regulations  for  the  admission  of  pupils  to  said 

hool  as  it  shall  deem  necessary  and  proper :  Provided,  That 
e  applicant  shall,  before  admission,  sign  a  declaration  of 
tention  to  teach  in  the  schools  in  this  state. 
•  i:>5)  §  1198.  SEC.  9.  Said  board  of  education  shall 
•point  each  year  three  visitors  whose  duty  it  shall  be  to 
a  mine  thoroughly  into  the  affairs  of  the  normal  school  and 
rt  their  views  with  regard  to  its  condition  and  any  other 
atters  they  may  judge  expedient,  to  the  said  board  of  edu- 


Members  not 
to  act  as 
agent  for 
publishers, 
etc. 


Course  of 

study,   train- 
ing'school. 
etc. 


Certificate   to 
teach,  when 
granted,  term 
of,  etc. 


I'mvi<o. 


Lift-  i-.-titi 
catea,  \vh.  n 
granted.  f\<-. 


May  be 

revoked. 


Admission 
of  pupils 

Proviso. 


To  appoint 
visitors,  re- 
port of.  ftC. 


202 


STATE  OF  MICHIGAN. 


Proviso. 


Report  of- 
board,  con- 
tents of,  etc. 


cation,  which  report  shall  be  incorporated  in  the  report  of  the 
superintendent  of  public  instruction  and  in  the  report  of  said 
board  of  education  to  be  made  to  the  legislature  as  herein- 
after provided.  Said  visitors  shall  receive  two  dollars  per 
day  for  time  actually  spent  in  visitation  and  also  their  actual 
traveling  expenses,  to  be  paid  out  of  the  funds  of  said  board : 
Provided,  That  not  more  than  two  visits  shall  be  made  by 
any  board  of  visitors. 

(456)  §  1199.     SEC.  10.     Said  board  of  education  shall 
make  to  the  legislature,  at  every  regular  session  thereof,  a 
report  setting  forth : 

First,  The  work  done  by  the  school  since  the  last  report ; 

Second,  The  [need]  needs  and  requirements  of  the  school ; 

Third,  A  report  of  the  principal  of  the  school,  concerning 
such  matters  pertaining  to  the  school  as  have  been  under  his 
immediate  direction  and  control,  and  such  recommendations 
as  he  may  deem  desirable  to  make  to  the  board ;  and 

Fourth,  A  financial  statement,  showing  in  detail  the 
moneys  received  and  expended,  with  an  itemized  statement 
of  receipts  and  expenditures,  as  near  as  may  be. 

(457)  §  1200.     SEC.  11.    The  board  shall  elect  a  treas- 
urer, who  shall  furnish  bonds  with  two  sureties,  or  a  surety 
bond  from  any  surety  company  authorized  by  the  laws  of  this 
state  to  execute  same,  in  the  penal  sum  of  not  less  than  forty 
thousand  dollars,  conditioned  for  the  faithful  discharge  of 
his  duties.     Whenever  the  treasurer  shall  furnish  a  surety 
bond  which  shall  be  approved  by  the  board,  the  cost  thereof 
not  exceeding  one-half  per  centum  per  annum  shall  be  paid 
out  of  the  treasury  of  the  state  of  Michigan  upon  the  warrant 
of  the  proper  officer  after  being  first  allowed  by  the  board  of 
state  auditors.    Such  treasurer  shall  receive  such  compensa- 
tion as  to  the  board  may  seem  just. 

(458)  §  1201.     SEC.  12.     The  ten  sections  of  salt  spring 
lands  located  by  the  board  of  education  under  the  provisions 
of  sections  fifteen  and  sixteen  of  "An  act  to  establish  a  state 
normal  school,"  approved  March  twenty-eighth,  eighteen  hun- 
dred and  forty-nine,  together  with  the  fifteen  sections  of  said 
salt  spring  lands  located  under  the  provisions  of  section  six- 
teen of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
gress or  received  or  set  apart  in  any  manner  in  lieu  of  any 
portion  of  said  land,  to  which  the  title  may  prove  insufficient, 
and  all  donations,  in  land  or  otherwise,  to  the  state  in  trust 
or  to  the  board  of  education  for  the  support  of  a  normal 
school,  shall  constitute  a  fund  to  be  called  the  normal  school 
endowment  fund,  and  shall  be  reserved  from  sale  until  the 
same  shall  be  appraised.    The  minimum  price  of  said  lands 
shall  be  four  dollars  per  acre,  and  it  shall  be  the  duty  of  the 
officer  authorized  to  sell  said  lands,  to  cause  the  same  to  be 
appraised  as  Boon  as  practicable,  in  the  manner  provided  for 


Treasurer, 
how  elected  ; 
bond,  amount 
of. 


Cost  of  bond. 


Compensa- 
tion. 


Lands  appro- 
priated,  dis- 
position of, 
etc. 


Minimum 
price,  ap- 
praisal, etc. 


I 


GENERAL  SCHOOL  LAWS. 


203 


1 


ppraisal  of  other  lands ;  none  of  said  lands  shall  be  sold 
fo?  less  than  the  minimum  price  fixed  by  law.  It  shall  not  be 
n<  cessary  to  appraise  any  of  said  lands  which  have  hereto- 
f(  re  been  appraised  under  existing  provisions  of  law;  and 
tl  e  proceeds  of  sales  of  any  of  said  lands  heretofore  appraised 
ai  d  sold  shall  constitute  a  part  of  the  fund  herein  provided. 
A  'ter  such  appraisal,  such  land  shall  be  and  remain  subject 
t<  sale  at  the  state  land  office  as  is  now,  or  shall  be  hereafter, 
p  ovided  by  law,  and  the  principal  shall  be  and  remain  a 
P'  rpetual  fund  for  the  use  of  said  institution,  except  as  herein 
p  -ovided.  The  installments  of  principal  paid  by  the  pur- 
c  asers  shall  be  paid  into  the  state  treasury,  and  the  interest 
t1  ereon  from  the  time  of  its  receipt,  or  from  the  time  of  the 
p  needing  computation  of  interest  as  the  same  may  be,  shall 
b  5  computed  by  the  auditor  general  and  the  state  treasurer 
a  ;  the  close  of  each  fiscal  year,  at  the  rate  of  six  per  cent  per 
a  mum,  and  together  with  all  interest  paid  by  purchasers  of 
s  dd  lands,  shall  be  passed  to  the  credit  of  the  normal  school 
i  terest  fund. 

(459)  §  1202.     SEC.  13.     The  normal  school  interest  fund, 
a  ad  any  moneys  which  may  be  from  time  to  time  appropriated 
f  >r  the  purposes  of  the  said  normal  school,  shall  be  under  the 
d  irection  and  control  of  said  state  board  of  education,  subject 
t )  the  provisions  herein  contained,  and  shall  be  paid  to  the 
treasurer  of  said  board  from  time  to  time  by  the  state  treas- 
i  rer  on  the  warrant  of  the  auditor  general  drawn  upon  the 
certificate  of  the  president  and  secretary  of  said  board  of 
education  that  said  money  is  needed.    No  such  warrant  shall 
te  given  except  on  accounts  audited  and  allowed  by  said 
loard,  covering  as   [nearly]   near  as  may  be  the  amounts 
previously   furnished:     Provided,  That  said   board,  for  the 
rionths  of  January,  February  and  March,  in  the  years  in 
which  the  regular  sessions  of  the  legislature  are  held,  shall 

raw  money  for  current  expenses  as  provided  in  section  four 
undred  and  nineteen  of  Howell's  annotated  statutes. 

(460)  §  1203.     SEC.  14.     The  members  of  the  state  board 
(•f  education  shall  receive  three  dollars  per  day  for  their 
actual  services,  and  also  their  necessary  traveling  and  other 
(•xpenses,  to  be  paid  by  the  state  treasurer  out  of  the  general 
lunds  in  the  manner  already  provided  by  law  for  the  payment 
of  the  accounts  of  boards  of  state  institutions. 

(461)  §  1204.     SEC.  15.     Said  board  shall  hold  at  least 
one  meeting  cadi  year,  at  which  they  shall  examine  teachers, 
and  shall  grant  certificates   to  such  as  have  taught  in  the 
uchools  of  the  state  at  least  two  years  and  who  shall,  upon  a 
thorough  and  critical  examination  in  every  study  required  for 

ch  certificate,  be  found  to  possess  eminent  scholarship, 
ability  and  good  moral  character.  Such  certificate  shall  he 
signed  by  the  members  of  said  board,  and  be  impressed  with 
its  seal,  and  shall  entitle  the  holder  to  teach  in  any  of  the 
ublic  schools  of  this  state  without  further  examination,  and 


Board  to 
have  control 
of  funds,  etc. 


Proviso. 


Compensation 
of  board. 


Duty  at  an- 
nual meeting. 


Certificate, 
how  signed, 
etc. 


204 


STATE  OF  MICHIGAN. 


Proviso,  nor- 
mal training 
schools. 


Examination,  shall  be  valid  for  life  unless  revoked  by  said  board.  No 
certificate  shall  be  granted  except  upon  the  examination 
herein  prescribed :  Provided,  That  the  said  state  board  of 
education  may,  in  its  discretion,  indorse  state  teachers7  certifi- 
cates granted  upon  examinations,  normal  school  diplomas  or 
certificates,  or  other  state  certificates  granted  in  other  states, 
if  it  be  shown  to  the  satisfaction  of  said  board  that  such 
certificates  are  for  life  and  that  the  examinations  required 
or  courses  of  study  pursued  are  fully  equal  to  the  require- 
ments of  this  state:  Provided,  That  in  cities  in  this  state 
comprising  a  single  school  district  having  a  population  of  two 
hundred  fifty  thousand  or  over,  and  maintaining  a  normal 
training  school  for  the  training  of  teachers  for  the  public 
schools,  the  state  board  of  education  may  issue  life  certificates 
to  the  graduates  of  such  normal  training  school  if  the  course 
of  study  pursued  shall  be  approved  by  the  state  board  of 
education. 


Proviso,  cer- 
tain districts. 


Certain   text- 
books, etc., 
duty  of 
board  relat- 
ing thereto. 


Disposition 
of  insurance 
moneys,    etc. 


Certificate 
Mini    with 
county  com- 
missioner. 


Am.   1919,  Act  157. 

(462)  §  1205.     SEC.  16.     The  said  board  shall  examine  all 
text-books  in  physiology  and  hygiene  offered  for  use  in  the 
public  schools  of  this  state,  and  approve  those  only  which 
comply  with  the  law  relative  to  the  space  required  to  be 
devoted  to  the  consideration  of  the  nature  and  effects  of 
alcoholic  drinks  and  narcotics,  as  provided  in  act  one  hundred 
and  sixty-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven.    It  shall  also  be  the  duty  of  said  board  to  dis- 
tribute to  the  various  educational  institutions  of  the  state 
such  specimens  of  copper,  iron  and  other  ores  and  rocks  pre-' 
scribed  for  such  distribution  under  the  provisions  of  section 
three  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,   being   compiler's   section   eight   hundred  and 
forty-one  of  Ho  well's  annotated  statutes. 

The  act  of  1887  referred  to  is  act  165,  instead  of  164.  It  amends  section 
15,  Ch.  3  of  the  general  laws  of  1881  relative  to  public  instruction  and  will  be 
found  in  section  60  of  this  compilation. 

(463)  §1206.     SEC.  17.     All  insurance  moneys  or  means 
collected,  received  or  made  available  at  any  time,  from  poli- 
cies of  insurance,  or  by  reason  of  insurance  policies  upon  the 
said  normal  school  buildings  and  property  shall  be  and  the 
same  are  hereby  designated  and  set  apart  as  a  fund  or  means 
for  rebuilding  and  refurnishing  the  said  buildings. 

(464')  §1208.  SEC.  18.  Any  person  holding  a  certificate 
issued  or  approved  by  the  authority  of  the  state  board  of 
education,  desiring  to  teach  in  any  school  under  the  jurisdic- 
tion of  a  county  commissioner  of  schools  shall  file  the  said 
certificate,  or  a  copy  of  the  same,  in  the  office  of  the  com- 
missioner of  schools  in  the  county  in  which  he  or  she  desires 
to  each, 


GENERAL  SCHOOL  LAWS. 


205 


NORMAL  SCHOOLS. 

to  establish  a  normal  school  in  contra!  Michigan. 
[Act  261,  P.  A.  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(465)  §  1213.     SECTION  1.     That  a  normal  school  for  the 
reparation  and  training  of  persons  for  teaching  in  the  rural 
listrict  schools,  and  the  primary  departments  of  the  graded 
.chools  of  the  state,  to  be  known  as  "Central  Michigan  Nor- 
nal   School,'7  be  established  and  continued  at  the  city  of 
VIount  Pleasant  in  Isabella  county,  to  be  located  upon  block 
;en  of  the  normal  school  addition  to  said  city,  known  as 
'normal  campus,"  and  being  a  block  of  land  in  area  between 
Bight  and  ten  acres. 

(466)  §  1214.     SEC.  2.     The  state  board  of  education  is 
hereby  authorized  and  directed  to  procure  a  good  and  suf- 
ficient deed  of  conveyance,  to  be  accompanied  with  abstract 
of  title  and  tax  history,  to  be  approved  by  the  attorney  gen- 
eral, conveying  to  the  said  board  of  education  and  its  suc- 
cessors a  good  and  unincumbered  title  in  fee  simple  to  said 
lands  and  buildings  thereon,  for  such  school,  and  a  proper 
article  of  sale  of  all  the  library,  school  furniture  and  appa- 
ratus therein,  said  lands  and  buildings  and  personal  property 
to  be  donated  to  the  state  of  Michigan,  in  consideration  of  the 
establishment  of  said  school,  and  to  be  conveyed  within  thirty 
days  after  the  passage  of  this  act. 

(467)  §  1215.     SEC.  3.     Said  school  shall  be  under  and 
subject  to  the  control  of  the  state  board  of  education,  accord- 
ing to  the  provisions  of  act  number  one  hundred  ninety-four 
of  the  public  acts  of  eighteen  hundred  and  eighty-nine,  of 
Michigan,  entitled  -kAn  act  to  revise  and  consolidate  the  laws 
relative  to  the  state  board  of  education,  and  amendments 
thereto,"  which  is  made  applicable  to  this  school,  except  as 
herein  otherwise  provided. 

The  net  rpfVrrr.l  t<»  inmnMlintPly  precedes  this.     See  sections  447-464. 


Central 
Michigan 
normal  school 
established. 


State  board 
of  education 
to  procure 
deed  of  con- 
veyance,   etc. 


School  to  be 
under  control 
of  state 
board  of 
education. 


An  Act  to  dinner  the  name  of  (ho  "Michigan  State  Normal  School"  to 
"Michigan  State  Normal  College." 

[Act  52,  P.  A.  1899.] 

The  People  of  the  State  of  Michigan  enact: 
(468)      §  1209.     SECTION  1.     The  institution  now  known   change  name 


I 


and  designated  under  the  name  and  style  of  "Michigan  State 
Normal  School,"  shall  hereafter  be  known  as  the  "Michigan   Ypsiianti. 
State  Normal  College." 

Sec.  2.    Repealing  clause. 


206 


STATE  OF  MICHIGAN. 


Name  of 
school. 

Purpose. 


Selection 
of  site. 


Area  and 
location. 


Deed  or 
conveyance. 


Control  of 
school. 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
normal  school  at  Marquette,  in  the  upper  peninsula  of  this  state,  and 
to  make  an  appropriation  for  the  same. 

[Act  51,  P.  A.  1899.1 

The  People  of  the  State  of  Michigan  enact: 

(469)  §  1219.    SECTION  1.    That  a  normal  school  shall  be 
located  at  Marquette,  to  be  known  as  the  Northern  State 
Normal  School,  for  the  purpose  of  instructing  persons  in  the 
several  branches  pertaining  to  a  public  school  education,  and 
in  the  science  and  the  art  of  teaching  the  same. 

(470)  §  1220.     SEC.  2.     The  state  board  of  education  is 
hereby  authorized  to  procure  a  suitable  site  for  the  grounds 
and  buildings  for  said  normal  school,  which  site  shall  con- 
sist of  at  least  twenty  acres  of  land,  located  within  one  and 
one-half  miles  of  the  present  location  of  the  postoffice  in  said 
city  of  Marquette.     Said  state  board  of  education  shall  pay 
for  such  site  a  sum  not  exceeding  one  dollar,  which  sum  is 
hereby  appropriated  for  the  use  of  said  state  board  of  educa- 
tion out  of  any  moneys  in  the  treasury  not  otherwise  appro- 
priated, to  be  drawn  on  the  requisition  of  said  state  board  of 
education  and  the  warrant  of  the  auditor  general,  as  the 
moneys  and  appropriations  are  drawn.     Said  state  board  of 
education  shall  procure  good  and  sufficient  deed  or  convey- 
ance of  such  site  and  grounds,  *and  have  the  title  for  the  same 
duly  recorded.    When  so  recorded,  the  said  deed  of  convey- 
ance, with  an  abstract  of  title  showing  a  clear  and  unincum- 
bered  title,  and  all  papers  relating  thereto  shall  be  deposited 
in  the  office  of  the  auditor  general. 

Sections  3,  4  and  5  provided  appropriations  for  buildings  and  maintenance 
of  the  school. 

(471)  §  1224.     SEC.  6.     The  said  northern  state  normal 
school  shall  be  under  and  subject  to  the  control  of  the  state 
board  of  education,  according  to  the  provisions  of  act  num- 
ber one  hundred  ninety-four  of  the  public  acts  of  eighteen 
hundred  and  eighty-nine,  entitled  "An  act  to  revise  and  con- 
solidate the  laws  relative  to  the  state  board  of  education,  and 
amendments  thereto,  also  according  to  the  provisions  of  act 
number  one  hundred  and  seventy-five  of  the  public  acts  of 
eighteen  hundred  and  ninety-seven,  entitled  "An  act  to  fix 
the  relation  of  the  existing  normal  schools  of  the  state," 
which  laws  are  made  applicable  to  the  school,  except  as 
herein  otherwise  provided. 


GENERAL  SCHOOL  LAWS. 


207 


n  Act  to  provide  for  the  locating,  establishing  and  maintaining  of 
a  state  normal  school  in  the  western  part  of  the  state,  to  make  appro- 
priations therefor  and  to  provide  a  tax  to  meet  the  same. 


II 


[Act  156,  P.  A.  1903.] 


Name,  etc. 


Site,  how  and 
by  whom 
secured. 


The  People  of  the  State  of  Michigan  e"nact: 

472)  §  1225.  SECTION  1.  A  state  normal  school  shall  be 
Seated,  established  and  maintained  in  the  western  part  of 

he  state,  at  such  place  as  the  state  board  of  education  shall 
<  .esignate,  to  be  known  as  the  "Western  State  Normal  School," 

or  the  preparation  and  training  of  persons  for  teaching  in 

he  rural  district  schools,  and  the  primary  departments  of 

he  graded  schools  of  the  state. 

(473)  §  1226.     SEC.  2.     The  state  board  of  education  is 
lereby  authorized  and  directed  to  procure  a  suitable  site  of 
lot  less  than  twenty  acres  for  the  building  and  grounds  for 
*aid  normal  school.    Said  state  board  of  education  shall  pay 
'or  such  site  a  sum  not  exceeding  one  dollar,  to  be  drawn  on 
;he  requisition  of  said  state  board  of  education,  and  the  war- 
pant  of  the  auditor  general,  as  other  moneys  and  appropria- 
tions are  drawn.    Said  state  board  of  education  shall  procure 
good  and  sufficient  deed  of  conveyance,  with  an  abstract  of 
the  title  thereto,  showing  a  clear  and  unencumbered  title, 
and  all  papers  relating  thereto  shall  be  deposited  in  the  office 
of  the  auditor  general.     The  sum  of  one  dollar  is  hereby 
appropriated  for  the  fiscal  year  endin'g  June  thirtieth,  nine- 
teen hundred  four,  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  section. 

Sections  3  and  4  provided  appropriations  for  buildings  and  maintenance  of 
school. 

(474)  §  1229.     SEC.  5.     The  said  western  state  normal "  school, 
school  shall  be  under  and  subject  to  the  control  of  the  state  ftoTied 
board  of  education,  according  to  provisions  of  act  number  one 
hundred  ninety-four  of  the  public  acts  of  eighteen  hundred 
eighty-nine,  entitled  "An  act  to  revise  and  consolidate  the 

laws  relative  to  the  state  board  of  education,"  and  amend- 
ments thereto;  also  according  to  the  provisions  of  act  num- 
ber one  hundred  seventy-five  of  the  public  acts  of  eighteen 
hundred  ninety-seven,  entitled  "An  act  to  fix  the  relations  of 
the  existing  normal  schools  of  the  state,"  which  laws  are 
made  applicable  to  the  school  hereby  established  except  as 
herein  otherwise  provided. 

Sections  6  and  7  prescribed  manner  of  payment  of  appropriations,  and   tax 


208 


STATE  OF  MICHIGAN. 


Course  in 

physical 

training. 


Duty  of 
school  boards. 


Proviso. 


Curriculum. 


State  director 
of  physical 
Training. 


Salary. 


Stenographer. 


An  Act  to  provide  for.  the  establishment  of  physical  training  in  the 
public  schools  and  state  normal  schools  of  this  state;  to  define  the 
aims  and  purposes  of  such  physical  training ;  to  prescribe  the  duties 
of  boards  of  education  relative  to  physical  training  in  certain  school 
districts ;  to  provide  for  a  course  of  instruction  in  physical  training 
in  the  normal  schools  of  this  state ;  to  provide  *f  or  the  appointment  of 
a  director  of  physical  training  and  the  salary  and  expenses  connected 
therewith ;  and  to  make  an  appropriation  therefor  and  to  provide  a 
tax  to  meet  the  same. 

[Act  274,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(475)  SECTION  1.    There  shall  be  established  and  provided 
in  all  the  public  schools  of  this  state,  and  in  all  state  normal 
schools,  physical  training  for  pupils  of  both  sexes,  and  every 
pupil  attending  such  schools  of  this  state  in  so  far  as  he  or 
she  is  physically  fit  and  capable  of  doing  so,  shall  take  the 
course  in  physical  training  as  herein,  provided. 

(476)  SEC.  2.    It  shall  be  the  duty  of  boards  of  education 
in  city  school  districts  and  graded  school  districts  having  a 
population  of  more  than  three  thousand  to  engage  compe- 
tent instructors  in  physical  training  and  to  provide  the  neces- 
sary place  and  equipment  for  instruction  and  training  in 
physical  education;  and  other  school  boards  may  make  such 
provision:    Provided,  That  nothing  in  this  act  shall  be  con- 
strued or  operate  to  authorize  compulsory  physical  examina- 
tion or  compulsory  medical  treatment  of  school  children,  nor 
to  allow  the  teaching  of  sex  hygiene  and  kindred  subjects  in 
the  public  schools  of  this  state. 

(477)  SEC.  3.     The  curriculum  in  all  normal  schools  of 
this  state  shall  contain  a  regular  teacher's  course  in  physical 
training  under  competent  jurisdiction. 

(478)  SEC.  4.     The  superintendent  of  public  instruction 
shall  appoint  a  state  director  of  physical  training  who  shall 
perform  such  duties  as  the  superintendent  of  public  instruc- 
tion may  prescribe  under  this  act.     The  superintendent  of 
public  instruction  may  revoke  said  appointment  in  his  discre- 
tion.    The  salary  of  the  state  director  of  physical  training 
shall  be  three  thousand  dollars  per  annum,  together  with 
his  necessary  traveling  and  other  expenses,  not  exceeding  in 
any  year  the  sum  of  twelve  hundred  dollars,  which  sums 
shall  be  paid  from  the  general  fund  upon  a  warrant  of  the 
auditor  general  in  the  same  manner  that  the  salaries  of  other 
state  officers  are  paid.    The  superintendent  of  public  instruc- 
tion shall  also  appoint  a  stenographer  for  such  director  of 
physical  training  at  a  salary  not  to  exceed  thirteen  hundred 
dollars  per  annum.     Such  director  shall  prepare  and  dis- 
tribute suitable  courses  of  study  for  which  purpose  he  shall 
be  allowed  a  sum  not  to  exceed  two  thousand  dollars  per 
annum. 


GENERAL  SCHOOL  LAWS.  209 

479)     SEC.  5.     There  is  hereby  appropriated  out  of  the  Appropria- 
ge»  eral  fund  in  the  state  treasury  annually  the  sum  of  seven 
th-  usand  five  hundred  dollars  to  carry  out  the  provisions  of 
jthi  *  act.     The  auditor  general  shall  add  to  and  incorporate  Tax  claus«- 
in  the  state  tax  for  the  year  nineteen  hundred  and  nineteen 
an  I  annually  thereafter  the  sum  of  seven  thousand  five  hun- 
dr<  d  dollars  which  when  collected  shall  be  credited  to  the 
ge  .eral  fund  to  reimburse  the  same  for  the  moneys  hereby 
ap  >ropriated. 

S  ;c.  6  repeals  all  acts  or  parts  of  acts  inconsistent  with  this  act. 


Act  to  provide  for  physical  training  in  the  state  normal  schools  and 
in  certain  city  districts. 

[Act  40,  P.  A.  1911.1 
The  People  of  the  State  of  Michigan  enact: 

480)  §  1232.  SECTION  1.  Physical  training  shall  be  where 
in  luded  in  the  branches  to  be  regularly  taught  in  public 
schools  in  city  school  districts  having  a  population  of  more 
th  in  ten  thousand  and  in  the  state  normal  schools,  subject 
to  such  rules  and  regulations  as  the  superintendent  of  public 
imtruction  may  prescribe,  and  it  shall  be  the  duty  of  the 
bo  irds  of  education  in  such  city  school  districts  and  of  the 
st  te  board  of  education  to  make  provisions  in  the  schools 
anl  institutions  under  their  jurisdiction  for  the  introduc- 
tic  n  of  a  systematic  and  educational  course  of  physical  train- 
in};;  to  engage  competent  instructors;  to  provide  the  neces- 
sa:*y  equipments;  to  establish  and  conduct  same;  and  to 
adDpt  such  methods  as  shall  adapt  the  same  to  the  capacity 
of  the  pupils  in  the  various  grades  therein ;  and  other  boards 
imy  make  such  provisions.  The  curriculum  in  all  normal 
schools  of  this  state  shall  contain  a  regular  teacher's  course 
on  physical  education  under  competent  jurisdiction. 


i  Act  to  authorize  and  empower  boards  of  education  in  certain  school 
districts  of  this  state  to  provide  for  the  establishing  and  offering  of 
udvanced  courses  of  study  to  high  school  graduates,  and  to  provide 
:  or  the  regulation  thereof. 

[Act  146,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(481)     SECTION  1.     The  board  of  education  in  any  school 
strict  of  this  state  having  a  population  of  more  than  thirty  certain 
lousand  people,  according  to  the  last  official  census  of  the  c 
United  States  government,  is  hereby  authorized  and  empow- 
ered to  provide  for  the  establishing  and  offering  in  such  dis- 


210 


STATE  OF  MICHIGAN. 


trict  of  advanced  courses  of  study  for  high  school  graduates, 
which  courses  shall  not  embrace  more  than  two  years  of  col- 
How  ^^       legiate  work.     Such  courses  collectively  shall  be  known  and 
designated  as  the  junior  collegiate  department  of  the  dis- 
trict school  system.     The  board  of  education  shall  provide 
suitable  instructors  therefor  and  shall  adopt  regulations  with 
reference  to  the  admission  and  conduct  of  pupils  taking  such 
courses,  and  the  issuance  of  diplomas  upon  the  completion 
proviso,  who    thereof:     Provided,  however,  That  no  student  who  is  not  a 
'e  '  graduate  of  a  high  school  offering  four  years  of  work  in  thi 
state  shall  be  admitted  to  any  of  such  courses.  > 


Powers  of 
board. 


Proviso. 


Loan   funds. 


An  Act  to  authorize  and  require  the  state  board  of  education  to  pi 
scribe  courses  of  study,  issue  licenses  and  certificates  and  grant  diplo- 
mas and  degrees  in  connection  with  the  several  state  normal  schools 
of  the  state,  and  to  repeal  all  acts  and  parts  of  acts  in  any  way  con- 
travening the  provisions  of  this  act. 

[Act  202,  P.  A.  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(482)  §  1211.  SECTION  1.  The  state  board  of  education 
is  hereby  authorized  and  required  to  prescribe  the  courses  of 
study  for  students,  to  grant  such  diplomas  and  degrees  and 
issue  such  licenses  and  certificates  to  graduates  of  the  several 
normal  schools  of  the  state  as  said  state  board  of  education 
shall  determine :  Provided,  That  there  shall  always  be  main- 
tained in  the  central  Michigan  and  western  normal  schools 
a  department  especially  for  the  education  and  training  of 
teachers  for  the  rural  schools  of  the  state. 

NOTE. — The  foregoing  act  in  effect  repeals  Act  175  of  1897,  which  was  an 
act  authorizing  the  state  board  of  education  to  grant  certificates  and  maintain 
uniformity  in  courses  of  study  in  the  normal  schools. 


I 


LOAN  FUNDS  FOR  THE  BENEFIT  OF  STUDENTS. 


An  Act  to  provide  for  the  incorporation  of  associations  for  the  purpose 
of  establishing  loan-funds  for  the  benefit  of  school  scholars  and  stu- 
dents of  this  state,  to  assist  them  to  attend  the  university  of  Mich- 
igan, the  state  normal  college  at  Ypsilanti,  the  central  Michigan  nor- 
mal school  at  Mt.  Pleasant,  the  Michigan  state  agricultural  college 
at  Lansing,  the  college  of  mines  at  Houghton,  or  the  manual  training 
schools  of  this  state. 

[Act  250,  P.  A.  1899.] 

The  People  of  the  State  of  Michigan  enact: 

(483)  §  11321.  SECTION  1.  Any  five  or  more  persons  ol 
full  age  residing  in  the  state  of  Michigan  may  associate  am 
incorporate  themselves  together  for  the  purpose  of  'establish- 
ing loan-funds  for  the  benefit  of  school  scholars  and  studenl 


GENERAL  SCHOOL  LAWS. 


211 


of  his  state,  to  assist  them  to  attend  the  university  of  Mich- 
iga  i,  the  state  normal  college  at  Ypsilanti,  the  central  Mich- 
iga  i  normal  school  at  Mt.  IMeasant,  the  western  state  normal 
sell  >ol,  the  northern  state  normal  school,  the  Michigan  state 
agi  (cultural  college  at  Lansing,  the  Michigan  college  of  mines, 
or  he  manual  training  schools  of  this  state. 


A  a.  1919,  Act  268. 


L; 


i84i  §  11322.  SK<  .  2.  Articles  of  association  shall  be 
2uted  in  duplicate,  by  the  persons  so  associating  them- 
sel  es  together  in  the  first  instance,  and  shall  be  acknowl- 
edi  ed  by  them  before  some  person  authorized  by  the  laws  of 
thi  i  state  to  take  acknowledgments  of  deeds,  one  of  which 
du  >licates  shall  be  filed  and  recorded  in  the  office  of  the  secre- 
tai  7  of  state,  and  a  record  shall  be  made  of  such  articles,  and 
a  (  »rtified  copy  thereof  filed  in  the  clerk's  office  in  the  county 
wl  3re  such  society  is  formed.  Thereupon  the  persons  so 
ex«  cuting  said  articles,  and  such  other  persons  as  may  there- 
afl  *r,  according  to  the  provisions  of  such  articles,  become 
as  ociated  with  them  shall  become  and  be  a  body  politic  and 
co  porate,  capable  of  beni£  sued,  for  the  purpose  set  forth  in 
sn  h  articles. 

is.")  i     §   11323.     SEC.  3.    The  articles  of  association  shall 
poutain: 

•"irst,  The  names  and  places  of  residence  of  the  persons 
as  (M-iated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
no  exceeding  thirty  years; 

Third,  The  objects  for  which  it  was  organized; 
fourth,  The  number  of  its  trustees  or  managers  to  manage 
th«'  same,  and  the  names  of  such  trustees  or  managers  for  the 
fir>t  year  of  its  existence. 

(486)  §  11324.  SEC.  4.  The  affairs  of  such  corporation 
sh  ill  be  under  the  general  management  of  not  less  than  five 
nor  more  than  fifteen  trustees,  to  be  chosen  by  the  members 
tli  «reof,  and  to  hold  office  for  such  time,  not  exceeding  five 
yeirs,  as  shall  be  provided  by  the  articles  of  association; 
and  the  articles  of  association  may  provide  for  a  classifica- 
tion of  the  trustees  so  that  the  terms  of  office  of  the  several 
classes  shall  expire  at  different  times,  and  for  a  classification 
of  the  members  in  accordance  with  their  subscriptions  to  the 
ol  jects  for  which  the  corporation  was  organized.  The  regular 
oficers  of  such  corporation  shall  form  a  part  of  such  trustees. 
The  officers  may  be  chosen  by  the  trustees  or  the  members  of 
the  corporation,  as  the  articles  shall  prescribe.  The  by-laws 
sball  be  adopted  by  the  trustees,  who  may  change  them  at 
pleasure.  The  majority  of  the  trustees  shall  be  a  quorum  to 
transact  business.  The  articles  of  association  of  any  such 
cc  rporation  may  be  amended  at  any  time  by  a  two-thirds  vote 
of  the  trustees.  Before  any  such  amendment  shall  take  effect, 


Manner  of 
Incorporation. 


Articles  of 
association. 


General   man- 
agement. 


Classification 
of  trustees. 


By-laws. 


Amendments. 


212 


STATE  OF  MICHIGAN. 


Funds  of 
corporation. 


May  receive 
real  and 
personal 
estate. 


Proviso, 
may  specify 
kinds  of 
securities. 


a  copy  of  the  resolution,  certified  by  the  secretary,  shall  be 
filed  in  the  office  of  the  secretary  of  state,  and  in  the  clerk's 
office  of  the  county  in  which  the  original  articles  are  filed. 

(487)  §  11325.    SEC.  5.    All  the  funds  received  by  any  cor- 
poration organized  under  this  act  shall  be  used,  after  paying 
necessary  expenses,  for  the  exclusive  purpose  or  purposes  set 
forth  in  the  articles  of  association.     And  no  portion  of  the 
funds  of  such  corporation  shall  be  used  or  contributed  toward 
the  erection,  completion  or  furnishing  of  any  building  not 
owned  or  used  by  such  corporation  for  the  purpose  or  purposes 
set  forth  in  its  articles  of  association.    Such  corporation  shall 
in  equity  and  law  be  capable  of  taking  and  receiving  real  and 
personal  estate,  either  by  purchase,  gift,  grant,  lease,  or  bar- 
gain and  sale,  devise  and  bequest,  not  exceeding  twenty-five 
thousand  dollars,  in  the  aggregate,  for  the  purpose  of  its 
incorporation,  but  for  no  other  purpose,  and  it  shall  have 
power  to  invest  the  same  at  pleasure,  and  to  grant,  bargain, 
mortgage,  sell  or  lease  the  same  for  the  use  of  said  associa- 
tion; and  it  shall  be  lawful  to  invest  the  same  upon  mort- 
gage, or  in  or  by  loans  on  notes  or  bonds,  or  municipal,  county, 
state  or  United  States  securities ;  or  deposit  the  same  in  any 
reliable  bank  on  interest ;  but  no  loans  shall  be  made  to  any 
trustee  or  officer  of  such  corporation :     Provided,  That  any 
such  corporation  may,  in  its  articles  of  association,  specify 
the  kinds  of  securities  in  which  its  funds  shall  be  invested, 
and  tnat  no  part  of  its  funds  shall  be  invested  in  any  securi 
ties  other  than  those  named  in  its  articles,  or  when  the  securi 
ties  shall  not  be  specified  in  the  articles  of  association,  then 
such  funds  shall  only  be  invested  in  such  securities  as  are 
specified  in  this  act.    Such  corporation  shall  have  the  power 
to  make  all  needful  rules  and  regulations  and  by-laws  for  the 
management  of  its  affairs,  not  inconsistent  with  the  constitu- 
tion and  laws  of  this  state  or  of  the  United  States. 

(488)  §  1132f>.    SBC.  6.    In  case  it  shall  at  any  time  hap- 
pen that  an  election  of  officers,  directors  or  trustees  shall  not 
be  made  on  the  day  designated  by  the  articles  of  association 
and  by-laws,  said  corporation  for  that  cause  shall  not  be  dis- 
solved, but  it  shall  mid  may  be  lawful  on  any  other  day  to 
hold  an  election  of  officers,  directors  or  trustees,  in  such  man 
ner  as  may  be  directed  by  the  articles  of  association  and 
by-laws  of  said  corporation. 

(489)  §  11327.     SEC.  7.    The  articles  of  association  filed 
as  required  by  this  act,  or  a  copy  thereof  certified  by  the; 
officer  with  whom  they  are  so  filed,  may  be  given  in  evidence 
in  any  court  of  this  state  for  or  against  said  corporation, 
Said  corporation  shall  possess  the  general  power  conferred 
by  and  subject  to  the  provisions  and  restrictions  of  chapter 
two  hundred  thirty  of  the  compiled  laws  of  the  state  of  Mich- 
igan of  eighteen  hundred  ninety-seven,  so  far  as  the  sam<j 
may  be  applicable  to  corporations  formed  under  this  act. 


Election  of 
officers. 


Articles  may 
be  used  in 
court. 


General 
power  of  cor- 
poration. 


1 


GENERAL  SCHOOL  LAWS.  213 


STATE  BOARD  OF    LIBRARY  COMMISSIONERS, 

•.  Ai  Act  to  create  a  state  board  of  library  commissioners,  to  promote  the 
stablishment  and  efficiency  of  free  public  libraries,  and  to  provide 
.n  appropriation  therefor. 

I  [Act  115,  P.  A.  1899.] 


The  People  of  the  State  of  Michigan  enact: 


(490)  §  1150.    SECTION  1.    The  governor,  with  the  advice  personnel  of 
d  consent  of  the  senate,  shall  appoint  four  persons,  resi-  ( 

nts  of  this  state,  who,  together  with  the  state  librarian, 
10  shall  be  a  member  ex-officio,  shall  constitute  a  board  of 
»rary  commissioners.  Two  members  of  said  board  shall  be 
•pointed  for  a  term  of  four  years  and  two  for  a  term  of 
i  o  years,  and  thereafter  the  term  of  office  shall  be  four 
y  ars.  All  vacancies  occurring  in  the  appointive  member-  Filling  of 
s  ip  of  said  board,  whether  by  expiration  of  term  of  office 

0  otherwise,  shall  be  filled  by  the  governor,  with  the  advice 
a  id  consent  of  the  senate. 

(491)  §  1151.    SEC.  2.    It  shall  be  the  duty  of  the  library 
c  tmmission  to  give  advice  and  counsel  to  all  free  libraries 

1  the  state,  and  to  all  communities  which  may  propose  to 

•  •  tablish  them,  as  to  the  best  means  of  establishing  and 
a  1  ministering  such   libraries,  the  selection   of  books,   cata- 
1« •piling,  and  all  other  details  of  library  management.     In 

•  I  i  unary  of  each  year  the  board  shall  make  a  report  to  the 
<:  >vcrnor  of  its  doings,  of  which. report  one  thousand  copies 
s  iall  be  printed  by  the  state  printer  for  the  use  of  the  board. 

i  li»i>)  §  1152.  SEC.  3.  It  shall  be  the  duty  of  all  free 
1  braries  organized  under  the  laws  of  the  state,  whether  gen- 
eral  or  special,  to  make  an  annual  report  to  the  board  of 
1  ln-ary  commissioners,  which  report  shall  conform  as  near  as 
\  iay  be  reasonable  and  convenient,  as  to  time  and  form  such 

nles  as  the  board  may  prescribe. 

Sections   1  ;md  r>  of  this  act  are  repealed  by  Act  274  of  100'.). 


DISTRIBUTION   OF   LAWS  AND    DOCUMENTS. 


Act  to  provide  for  the  publication  and  distribution  of  laws  and 

documents,  reports  of  the  several  oflicers.  boards  of  otlirers  and 
public  institutions  of  this  state  now  or  hereafter  to  be  published,  and 
to  provide  for  the  replacing  of  hooks  loM  by  tire  or  otherwise,  and  to 
provide  for  the  publication  and  distribution  of  the  official  directory 
and  legislative  manual  of  the  state  of  Michigan,  etc.* 
(From  this  act  only  such  portions  :m-  <|uotr<l  ;i>  relate  directly  to  the  public 
i.chool  system.) 

[Act  44,  P.  A.  1899.] 

(493)  §  830.  SEC.  11.  There  shall  !,<•  printed  of  the 
inual  report  of  the  superintendent  of  public  instruction,  a 
ifficient  number  to  supply  all  school  libraries  in  the  state  •tractio'n. 


•Remainder  of  title,  repealing  clause. 


214 


STATE  OF  MICHIGAN. 


Number  of 
pages. 


with  one  copy  each,  also  one  copy  each  to  the  following  per- 

distSbuted  sons  or  institutions :  To  eactl  superintendent  of  public 
instruction,  state  university,  college  of  mines  and  state  nor- 
mal school  in  the  United  States,  each  living  ex-superintendent 
and  deputy  superintendent  of  public  instruction  in  this  state, 
each  member  of  county  boards  of  examiners,  each  city  super- 
intendent of  schools ;  two  hundred  copies  for  deposit  with  the 
secretary  of  state  for  future  distribution,  and  such  number 
of  additional  copies  as  the  superintendent  of  public  instruc- 
tion may,  in  his  discretion,  deem  necessary,  and  not  exceed- 
ing three  hundred  copies.  Said  report  shall  not  exceed  4;hree 
hundred  pages  including  context  and  index,  such  pages  to  be 
the  size  of  the  pages  of  the  report  of  the  superintendent  of 
public  instruction  for  the  year  eighteen  hundred  ninety-five, 
and  such  report  shall  be  distributed  by  the  superintendent  of 
public  instruction.  Not  to  exceed  the  sum  of  fifty  dollars  for 
any  one  report  shall  be  expended  for  cuts  or  illustrations  for 
said  report :  Provided,  That  said  fifty  dollars  shall  cover  the 
cost  for  special  paper,  if  ^necessary  for  such  cuts,  and  also 
the  cost  of  making  such  cuts:  Provided  further,  That  the 
state  superintendent  of  public  instruction  may  prepare  and 
have  published  for  the  district  schools  a  state  course  of  study ; 
for  the  teachers'  institutes,  institute  outlines;  and,  from  the 
to  time,  such  educational  bulletins  as  he  may  deem  necessary 
and  the  board  of  state  auditors  may  approve,  for  the  advance- 
ment of  the  cause  of  education  in  Michigan. 

Section  30  of  the  above  act  provides  for  the  distribution  of  the  legislative 
manual  (red  book),  and  the  list  includes  one  copy  for  each  of  the  following: 
Each  district,  graded,  and  city  public  school;  each  public  library  other  than 
school  library ;  each  township,  village,  and  city  clerk,  and  the  county  com- 
missioner of  schools. 

(494)  §  850.  SEC.  32.  It  shall  be  the  duty  of  the  county 
commissioners  of  schools  to  distribute  all  copies  of  the 
"official  directory  and  legislative  manual"  to  the  schools  in 
their  respective  counties,  as  provided  in  section  thirty  of  this 
act ;  and  also  to  see  that  the  same  are  kept  for  the  use  of  said 
schools,  and  it  shall  be  the  duty  of  the  secretary  of  state  to 
direct  and  oversee  the  prompt  distribution  of  the  laws, 
journals,  documents  and  reports  mentioned  in  this  act,  whose 
distribution  is  not  otherwise  provided  for;  and  said  laws, 
journals,  documents  and  reports  shall  be  shipped  to  the  sev- 
eral county  clerks  and  county  commissioners  of  schools  in  the 
state,  and  be  distributed  by  them  to  the  persons,  officers,  cor- 
porations and  societies  within  their  respective  counties 
entitled  to  the  same,  and  that,  until  so  distributed,  they  shall 
be  carefully  preserved  by  said  county  clerks  and  county  com- 
missioners^of  schools.  That  the  accounts  for  boxes  furnished 
to  the  secretary  of  state  for  package  and  distribution  shall 


Proviso. 


Further 
proviso. 


Institute 
outlines. 


Duty  of 
county   com- 
missioner. 


Expense  of 
distribution. 


GENERAL  SCHOOL  LAWS. 


215 


be  audited  and  allowed  by  the  board  of  state  auditors  and 
pji  id  out  of  the  state  treasury,  and  the  expense  of  transporta- 
ti«  n  from  the  office  of  the  secretary  of  state  to  the  county 
cl-  rks  and  county  commissioners  of  schools,  and  of  distribu- 
ti<  n  by  them  to  the  persons  entitled  to  the  same,  shall  be 
ai  dited  and  allowed  by  the  boards  of  supervisors  and  paid 
oi.t  of  the  county  treasuries. 

(495)  §  851.  SEC.  33.  It  shall  be  the  duty  of  the  several 
c<  anty  clerks  and  county  commissioners  of  schools,  upon 
r<  :eiving  any  of  the  books  mentioned  in  this  act,  to  receipt  to 
tl)3  secretary  of  state  for  the  same,  which  receipt  shall  be 
filed  and  preserved  in  the  office  of  the  secretary  of  state; 
ai  d  it  shall  also  be  the  duty  of  the  said  county  clerks  and 
C(  unty  commissioners  of  schools  to  distribute  said  books  as 
p  ovided  in  this  act,  and  to  report  at  the  expiration  of  a 
n  )nth  after  each  reception  of  books  to  the  secretary  of  state, 
o:  blanks  furnished  by  him,  by  giving  a  full  statement  of  all 
o  said  books  remaining  in  his  office,  together  with  the  names 
o:  the  officers  neglecting  to  call  for  the  books  to  which  they 
a  e  entitled;  and  it  shall  be  the  duty  of  all  persons,  officers, 
c<  rporations  and  societies,  upon  receiving  any  of  the  books 
n  entioned  in  this  act,  to  receipt  respectively  to  the  county 
c]  erk  and  county  commissioner  of  schools  for  the  same,  which 
r<  ceipt  shall  be  filed  and  preserved  in  the  office  of  the  county 
eerk  and  county  commissioner  of  schools  respectively.  It 
shall  also  be  the  duty  of  the  secretary  of  state  to  notify  each 
p  jrson  to  whom  any  books  are  sent,  except  township  officers, 
either  directly  or  in  care  of  the  county  clerk,  which  are 
required  by  this  act  to  be  kept  in  any  library  or  passed  over 
to  any  successor  in  office,  and  that  each  person  receiving  such 
notice  shall,  within  a  reasonable  time,  apply  to  the  county 

I  erk  for  the  books  mentioned  in  this  notice,  it  such  books 
ere  sent  to  the  county  clerk,  and  obtain  the  same;  and  if 
ich  books  have  been  received  by  the  county  clerk  and  are 
ot  called  for  as  aforesaid,  such  person  thus  notified  shall  be 
held  responsible  in  the  same  manner  and  to  the  like  extent 
a>  in  the  case  of  his  neglect  or  refusal  to  deliver  over  to  his 
siccessor  books  received  by  him,  except  that  books  sent  for 
tie  use  of  township  officers  may  be  sent  to  either  the  town- 
ship clerk  or  county  clerk,  when  the  secretary  of  state  shall 
notify  the  township  clerk,  who  shall  draw  all  of  the  books  for 
t  tie  officers  of  his  township  and  distribute  the  same. 

Section  34  provides  that  each  city,  village,  township  and  county  officer  shall, 
v  hen  he  ceases  to  hold  such  office,  deliver  over  to  his  successor  in  office  all  such 
bjoks  received  by  him  which  are  required  by  this  act  to  be  placed  in  his  library. 

CUSTODY  OF  RECORDS  :     See  Murta  v.  Carr,  140  /  606. 


Receipt  to 
secretary  of 
state. 


Notification 
by  secretary 
of  state. 


STATE  OF  MICHIGAN. 


Lists  of 
pamphlets, 
documents, 
etc. 


Selection  of 
such  as  have 
educational 
value. 


Transmission 
of   selections. 


Transmission 
of  pamphlets, 
etc.,  to 
schools. 


Proviso, 
printing  of 
additional 
copies. 


An  Act  to  provide  for  the  dissemination,  publication  and  distribution 
to  school  districts  of  this  state  of  pamphlets,  documents,  books  and 
circulars  written,  compiled,  published  or  prepared  by  any  department 
of  state  government,  or  by  any  institution  maintained  in  whole  or  in 
part  by  this  state. 

[Act  265,  P.  A.  1915.] 

The  People  of  the  State  of  MicMgan  enact: 

(496)  §  5839.     SECTION  1.    On  or  before  the  first  day  of 
October,  nineteen  hundred  fifteen,  and  on  or  before  the  first 
day  of  every  month  thereafter,  it  shall  be  the  duty  of  the  head 
of  every  department  of  state  government,  and  all  other  insti- 
tutions maintained  in  whole  or  in  part  by  this  state,  to  pre- 
pare and  transmit  to  the  superintendent  of  public  instruction 
a  detailed  list  of  all  pamphlets,  documents,  books  and  cir- 
culars compiled,  published  or  prepared  by  such  department 
or  institution.     m 

(497)  §  5840.    SEC.  2.    On  or  before  ten  days  after  receipt 
by  the  superintendent  of  public  instruction  of  the  lists  pre- 
pared and  transmitted  in  compliance  with  the  provisions  of 
section  one  of  this  act,  it  shall  be  the  duty  of  the  superin- 
tendent of  public  instruction  and  the  secretary  of  the  public 
domain  commission,  to  convene  in  the  office  of  the  superin- 
tendent of  public  instruction  and  there  examine  said  lists  and 
select  therefrom  such  pamphlets,  documents,  books  and  cir- 
culars as  they  deem  have  an  educational  value.     After  the 
examination  and  selection  as  provided  herein,  it  shall  be  the 
duty  of  the  superintendent  of  public  instruction  and  the  sec- 
retary of  the  public  domain  commission  to  transmit  to  the 
head  of  each  department  and  institution,  a  list  of  the  selec- 
tions made  from  the  lists  transmitted  by  the  heads  of  such 
departments  or  institutions.     Upon  receipt  of  this  selected 
list  by  the  heads  of  such  departments  or  institutions,  it  shall 
be  their  duty  to  transmit  such  pamphlets,  documents,  books 
and  circulars  as  may  be  necessary  to  supply  the  school  dis- 
tricts of  the  state,  to  the  superintendent  of  public  instruction 
and  he  shall  apportion  and  transmit  such  pamphlets,  docu- 
ments, books  and  circulars  to  the  school  districts,  to  be  the 
property  of  the  school  library:    Provided,  That  the  heads  of 
the  state  departments  and  the  heads  of  the  state  institutions 
mentioned  in  section  one  of  this  act  are  hereby  authorized  and 
required  to  have  printed  such  additional  copies  of  all  pam- 
phlets, documents,  books  and  circulars  as  may  be  required 
for  distribution  under  section  two  of  this  act. 


GENERAL  SCHOOL  LAWS. 


211 


Kl   RAL    Hhill    SCHOOLS. 

to   provide    for    tho   establishment    and    maintenance 
high 


of   rurnl 


[Act  144,  P.  A.  1901.] 


The  People  of  ////• 


of  Midi  if/an  enact: 


(498)  §  5934.     SECTION  1.     The  township   hoard   of   ;my 
vnship,  not  having  within  its  limits  an  incorporated  village 
city,  upon  the  petition  of  not  loss  than  one-third  of  the  tax- 

p.  yers  of  such  township  for  the  establishment  of  a  rural  high 
si  lool,  or  for  the  discontinuance  of  any  rural  high  school 
e>  :ablished  under  the  provisions  of  this  act.  shall  submit  such 
<1  estion  to  a  vote  of  the  qualified  electors  of  said  township 
a  a  special  election  called  for  that  purpose  within  sixty  days 
fi  >m  date  of  receipt  of  said  petition. 

(499)  §  5935.     SEC.  2.     All   elections   ordered   by   any 
t<  wnship  board  in  pursuance  of  section  one  of  this  act  shail 
hi   held  at  the  usual  place  or  places  of  holding  township  elec- 
ti  >ns,  and  notice  shall  be  given  and  the  election  conducted 
ii  all  respects  as  provided  by  law  for  the  election  of  township 
o  ficers,  and  the  ballots  shall  have  printed  thereon  "for  rural 
h  gh  school  —  Yes."    "For  rural  high  school  —  No,"  or  in  the 
c;  so  of  the  discontinuance  of  any  rural  high  school  estab- 
li«hed  under  the  provisions  of  this  act,  "For  discontinuance 
o     rural  high  school  —  Yes."     "For  discontinuance  of  rural 
h  gh  school  —  No." 

(500)  §  5936.    SEC.  3.    If  more  votes  are  cast  in  favor  of 
such  high  school  than  against  it  at  such  election,  the  qualified 
e  rctors  of  said  township  shall  elect  at  their  next  annual  elec- 
tion of  township  officers  a  board  of  trustees  of  three  mem- 
b  M-S,  one  for  one  year,  one  for  two  years  and  one  for  three 
y  'ars.  and  on  the  expiration  of  their  terms  of  office  and  regu- 
1;  rly  thereafter  their  several  successors  shall  be  elected  in  like 
ma  nner  for  a  term  of  three  years  each  :    Provided,  That  when 
a  rural  high  school  shall  have  been  established  by  the  electors 
of  any  township,  the  first  election  of  such  trustees  may  be 
ordered  by  the  township  board  to  be  held  at  any  time  after 
t  ie  ten  days'  legal  notice  <>f  such  election  shall  have  been 
<jiven.    The  township  clerk  shall  be  ex-officio  member  and  the 
clerk    of   the    board    and    the   township   treasurer    shall    be 
(  \  ntticio  member  and  treasurer  of  the  board,  with  the  same 

Iower  as  other  members  of  the  board.  If  two-thirds  of  the 
»tes  cast  are  in  favor  of  the  discontinuance  of  any  rural 
gh  school,  such  rural  high  school  shall  be  discontinued  in 


Petition  of 

yprs. 


Submit  vote 
at  special 
election. 


Elections  held 
at  usual 
place. 


Notice  given. 


Election,  how 
conducted. 


Board  of 
trustees,  when 
elected, 
terms  of 
office. 


Proviso, 

rural 

schools. 


Ex-offlcio 
members. 


Discontinu- 
ance of  rural 
high  school. 


218 


STATE  OF  MICHIGAN. 


Board  of 
trustees, 
meetings. 


Powers. 


the  same  manner  as  is  provided  by  law  for  the  discontinuance 
of  district  schools. 

(501)  §  5937.  SEC.  4.  Said  board  of  trustees  shall  meet 
on  the  third  Monday  in  April  of  each  year  and  organize  by 
electing  one  of  the  trustees  as  president.  Regular  meetings  of 
the  board  shall  be  held  on  the  second  Mondays  of  May, 
August,  November  and  February  in  each  year.  Special  meet- 
ings may  be  called  upon  five  days7  notice  by  the  president  or 
secretary.  The  board  shall  have  power : 

(a)  To  supervise  and  visit  the  school; 

(b)  To  admit  all  children  of  the  township  above  the  sixth 
grade  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils  if  they  so  elect;  but  nothing  in  this  act  shall  be 
so  construed  as  to  limit  the  operation  of  the  laws  of  this 
state  relative  to  the  compulsory  education  of  children,  or  the 
liability  of  children  to  attend  school  thereunder,  and  it  shall 
be  the  duty  of  the  officers  charged  by  law  to  enforce  the  pro- 
visions of  said  laws  relative  to  the  compulsory  education  of 
children,  to  enforce  in  like  manner  the  attendance  at  such 
high  schools  of  children  admitted  to  attendance  thereat  under 
the  terms  of  this  act ; 

(c)  To  select  and  adopt  text-books; 

(d)  To  appoint  legally  qualified  teachers ; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for 
the  control  of  the  school,  suspend  or  expel  pupils,  fix  the 
time  of  school  which  will  not  be  more  than  ten  months  nor 
less  than  seven  in  any  one  year ; 

(f )  To  rent  or  to  purchase  and  hold  real  estate  for  such 
township  high  school,  build  and  furnish  schoolhouses,  deter- 
mine location  of  grounds  and  building,  which  shall  be  as 
near  the  center  of  the  township  as  practicable,  according  to 
sanitary  conditions,  and  to  receive  and  hold  bequests  and 
gifts  for  the  benefit  of  the  school,  and  to  dispose  of  property 
belonging  to  the  district  subject  to  the  provisions  hereinafter 
named ; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan  agricultural  college,  and  shall  not  consist 
of  more  than  four  years'  work;  said  course  of  study  may 
include  instruction   in  manual   training,   domestic   science, 
nature  study  and  the  elements  of  agriculture; 

(h)  To  estimate  and  vote  the  amount  of  tax  necessary  to 
support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which 
amount  shall  be  spread  upon  the  tax  roll  the  same  as  other 
district  taxes,  and  in  their  discretion  borrow  money  for  cur- 
rent expenses,  which  amount  shall  not  exceed  fifty  per  cent 
of  the  amount  of  tax  voted ; 

(i)  To  publish  annually  in  one  newspaper  of  the  town- 
ship or  county  a  statement  of  the  proceedings  of  the  board 


- 


GENERAL  SCHOOL   LAWS 


219 


me  etings  and  an  itemized  account  of  all  receipts  and  expenses, 
an  1  file  a  copy  of  the -same  in  the  office  of  the  county  school 
co  amissioner  and  state  superintendent  of  public  instruction 
wi  :hin  sixty  days  of  the  date  of  publication  of  the  same ; 

j)  To  call  special  elections  or  meetings  of  the  township, 
if  accessary,  to  vote  on  the  amount  of  money  to  be  raised  fai- 
th ;  purchase  of  grounds  and  erection  of  buildings  and  tor 
su  ;h  other  purposes  as  may  be  necessary  within  the  authority 
of  the  provisions  of  this  act  or  of  the  general  school  laws. 

(502)  §  5938.     SEC.  5.    The  secretary  of  the  board  shall 
re  :eive  not  to  exceed  fifty  dollars  per  annum  for  his  services. 
It  shall  be  his  duty  to  keep  the  records,  provide  supplies,  visit 
th  3  school  and  make  annual  reports  to  the  school  board,  the 
ccinty  school  commissioner  and  the  state  superintendent  of 
pi  blic  instruction,  in  such  form  as  the  superintendent  of  pub- 
li«   instruction  shall  direct. 

(503)  §  5939.     SBC.  6.     All  orders  on  the  treasurer  for 
m  meys  shall  be  ordered  by  the  board  and  signed  by  the  secre- 
ts py  and  president. 

(504)  §  5940.     SEC.  7.     A  majority  of  the  taxpayers  of 
tl  e  township  shall  determine  the  amount  to  be  expended  in 
tl  e  grounds  and  building  of  said  school  and  may  bond  the 
t(  wnship  for  such  amount :    Provided,  That  the  amount  of 
si  id  bonds  shall  not  exceed  five  thousand  dollars,  and  that 
tl  e  period  of  such  bonds  shall  not  continue  beyond  ten  years. 

(505)  §  5941.    SEC.  8.    The  high  schools  established  under 
tl  e  provisions  of  this  act  shall  be  under  the  supervision  of  the 
county  commissioner  of  schools,  and  all  questions  of  manage- 
ment, support  and  control  arising  under  the  provisions  of 
tl.is  act  and  not  expressly  provided  for  therein  shall  be  sub- 
ject to  the  provisions  of  the  general  school  laws  of  this  state. 

Sec,  9.     Repealing  clause. 


Salary  of 
secretary. 

Duty  of 
secretary. 


Orders  for 
money. 


Limit  of 
bond. 


Proviso. 


Under  super- 
vision of  com- 
missioner. 


INFORMATION  REGARDING  LIBRARIES. 

Act  to  secure  information  regarding  all  public  or  school  libraries 
|H  in  this  state. 

[Act  134,  P.  A.  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(506)     §  1153.    SECTION  1.    Hereafter  it  shall  be  the  duty  Librarian  to 
of  the  librarian  of  any  and  all  public  libraries,  including  town-  Sport.*11 
ship,  school  district,  village  or  city  libraries,  to  make  an 
annual  report  regarding  the  location,  condition  and  support 
cf  said  library  to  the  county  commissioner  of  schools  on  or 
before  the  thirtieth  day  of  June  in  each  year. 


220 


STATE  OF  MICHIGAN. 


(50?)  §  1154-  SEC-  2-  Tt  sha11  be  the  duty  of  the  c6unty 
commissioner  of  schools  in  each  coun-ty,  immediately  after 
transmit iist.  receiving  the  reports  from  the  several  libraries  in  his  county 
and  before  the  first  day  in  September  of  each  year,  to  trans- 
mit to  the  secretary  of  the  state  board  of  library  commis- 
sioners at  Lansing  a  complete  list  of  all  the  libraries  other 
than  personal  libraries  within  his  county,  together  with  the 
several  reports  provided  for  in  section  one  of  this  act,  blanks 
for  reports  in  both  instances  to  be  furnished  by  the  board  of 
library  commissioners. 

Sec.  3  repeals  Act  199.  P.  A.  1901. 


Tuition,   etc. 
to  high 
school. 


Amount. 


Tax. 


Proviso, 
notice. 


Proviso, 
when  notice 
waived. 


PAYMENT  OF  TUITION  OF  EIGHTH  GKADE  PUPILS. 

An  Act  to  provide  for  the  payment  of  tuition  in  and  transportation  to 
another  district,  of  children  who  have  completed  the  eighth  grade  in 
any  school  district ;  and  to  repeal  act  number  one  hundred  ninety  of 
the  public  acts  of  nineteen  hundred  three,  and  all  other  acts  and 
parts  of  acts  in  anywise  contravening  the  provisions  of  this  act. 

[Act  65,  P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(508)  §5830.  SECTION  1.  The  district  board  or  board  of 
education  of  any  school  district  which  does  not  maintain  a 
high  school,  shall  have  authority  and  is  hereby  required  to 
vote  a  tax  sufficient  to  pay  the  tuition  to  any  high  school 
which  is  approved  by  the  superintendent  of  public  instruc- 
tion, of  any  children  of  school  age,  residents  of  said  district 
at  the  time  of  giving  notice  as  hereinafter  provided,  who  have 
completed  the  studies  of  the  eight  grades  not  exceeding  in 
amount  twenty-five  dollars  per  pupil  per  year,  unless  the 
voters  appropriate  a  larger  sum  at  the  annual  school  meeting, 
and  may  vote  a  tax  to  pay  the  transportation  during  school 
days  of  such  children,  such  tuition  to  be  paid  by  the  treas- 
urer of  the  district  in  which  the  pupil  resided  at  the  time  of 
giving  the  notice  herein  provided,  to  the  treasurer  of  the  dis- 
trict where  the  high  school  attended  is  located:  Provided, 
That  a  parent  or  the  legal  guardian  of  such  children,  or  the 
person  in  parental  relation  to  such  children,  shall  give  writ- 
ten notice  to  the  district  board  or  board  of  education  on  or 
before  the  fourth  Monday  of  June,  that  such  children  desire 
to  attend  any  high  school  during  the  ensuing  year.  Upon 
receiving  written  notice  of  children  eligible  to  attend  high 
schools,  the  district  board  or  board  of  education  shall  vote  a 
tax  sufficient  to  cover  the  necessary  expense  for  tuition  as 
herein  provided,  and  may  vote  a  tax  sufficient  to  cover  the 
necessary  expense  for  daily  transportation  of  such  children: 
Provided,  That  the  district  board  or  board  of  education  of  a 
district  having  sufficient  money  in  the  general  fund  may  pay 


GENERAL  SCHOOL  LAWS. 


221 


the  tuition  of  those  who  have  completed  the  studies  of  the 
eig  t  grades  as  provided  in  this  act  even  though  the  notice 
rai  lired  has  not  been  filed  in  due  time  by  the  parent,  legal 
gu;  rdian,  or  other  person  in  parental  relation  to  such  chil- 
dr(  i,  and  the  district  board  or  board  of  education  of  a  town- 
slii  i  school  district  maintaining  a  legal  high  school  as  pro- 
vid  ;d  in  this  act  may  pay  the  tuition  of  its  eighth  grade  grad- 
ual is  to  some  other  legal  high  school  if  in  the  judgment  of 
sai  I  board  the  educational  interests  of  such  eighth  grade 
grj  luates  will  be  better  served:  Provided,  That  any  surplus  i>n.\-is,,.  sm- 
m<  leys  in  the  treasury  of  said  district  belonging  to  the  pri-  plns  " 
ma  -y  fund  may  In-  used  in  paying  necessary  tuition  in  lieu  of 
a  t  ix  therefor. 

/  n.  1917,  Act  11  ;  1919,  Act  59. 

509)    §  5831.    SEC.  2.    The  tax  provided  for  in  section  one  Tax  to  be 
of  ;his  act  shall  be  reported  to  the  clerk  of  the  township  in  ' 
wl  ich  such  district  is  located  and  shall  be  spread  upon  the 
ta:  roll  of  such  township  in  the  same  manner  and  at  the  same 
tir  .e  as  other  school  taxes. 


H 


'  jction  3  repeals  Act  190  of  3903. 


grades. 


proviso. 


510)     §  5833.     SEC.  4.    A  high  school  shall  be  a  graded   High  s<hc 
ool  maintaining  twelve  grades  of  work  with  at  least  three  c 
tef  chers  devoting  their  entire  teaching  time  to  the  work  of  the 
se^  enth,  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades, 
or  two  teachers  devoting  their  entire  teaching  time  to  the 
we  rk  of  the  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades : 
Provided,  That  a  graded  district  having  a  course  of  at  least  HroN,is" 
tei  i  grades  with  one  teacher,  devoting  his  entire  teaching  time 
to  the  eighth,  ninth  and  tenth  grades,  shall  not  be  obliged 
to  pay  the  tuition  of  its  pupils  to  a  twelve  grade  school  until 
su?h  pupils  have  finished  ten  grades  of  work  in  their  own 
district :    Provided  further,  That  the  district  board  in  a  pri-  F^thatr 
mary  school  district  may  pay  the  tuition  of  its  pupils  who 
have  satisfactorily  passed  the  county  eighth  grade  examina- 
tion as  hereinafter  specified  to  a  graded  school  district  main- 
ta.ning  ten  grades  of  work  for  a  period  not  exceeding  two 
sc  100!  years,  after  which  the  tuition  of  such  children  shall  be 
paid  to  a  high  school  as  provided  in  this  act. 

(511)  §  5834.  SEC.  5.  Pupils  eligible  to  have  their  tui-  £"£»*, 
tion  paid  shall  be  the  holders  of  county  eighth  grade  diplomas 
granted  by  the  county  boards  of  examiners  in  the  several 
counties  under  rules  and  regulations  prescribed  by  the  super- 
intendent of  public  instruction,  or  shall  have  completed  eight 
giades  of  work  in  a  graded  school  district  as  evidenced  by 
the  written  statement  of  the  superintendent  of  schools  in  such 
led  school  district. 


222 


STATE  OF  MICHIGAN. 


Tuition  to 

nearest 

school. 


An  Act  to  enable  district  boards  and  boards  of  education  to  pay  tuition 
to  another  district. 

[Act  21,  P.  A.  1913.] 

The  People  of  the  State  of  Michigan  enact: 

(512)  §  5835.  SECTION  1.  The  district  board  or  board  of 
education  in  all  primary,  graded  and  township  unit  districts 
of  the  state  may  use  money  in  the  general  fund  of  said  dis- 
trict for  the  purpose  of  paying  tuition  to  some  other  district 
or  districts,  of  children  who  have  not  completed  eight  grades 
of  work,  in  cases  where  such  children  are  nearer  to  the  school- 
house  in  another  district  than  to  the  schoolhouse  in  their  own 
district,  and  may  vote  a  tax  for  such  purpose. 


Truant 
officer  may 
investigate. 


CHILDREN  OF  INDIGENT  PARENTS. 

An  Act  to  provide  means  whereby  children  of  indigent  parents,  within 
school  age,  may  attend  school. 

[Act  198,  P.  A.  1911.] 
The  People  of  the  State  of  Michigan  enact: 


(513)  §  5989.    SECTION  1.    Any  truant  officer  of  this  state 
when  authorized  by  the  board  of  education  to  investigate, 
and  when  satisfied  that  any  child  within  his  jurisdiction, 
required  by  law  to  attend  school,  is  unable  so  to  do  by  reason 
of  the  fact  that  the  services  of  such  child  are  absolutely 
required  for  the  support  of  himself  or  herself,  or  to  assist  in 
the  support  or  care  of  others  legally  entitled  to  his  or  her 
services,  such  person  or  persons  being  unable  to  support  or 
care  for  themselves,  such  truant  officer  shall  report  the  case 
to  the  board  of  education  of  the  school  district  in  which  such 
child  may  reside,  and  such  board  of  education  shall  be  author- 
ized to  and  may  in  their  discretion  grant  such  relief  as  will 
enable  the  child  to  attend  school  during  the  entire  school 

Relief  may  b«  year.  In  all  cases  where  such  relief  is  necessary  the  said 
board  of  education  shall  be  authorized  to,  and  may  in  their 
discretion,  furnish  to  such  child  the  necessary  text-books  free 
of  charge,  in  addition  to  such  other  necessary  assistance  or 
support. 

(514)  §  5990.    SEC.  2.    For  the  purposes  in  this  act  pro- 
vided such  board  of  education  shall  pay,  during  the  school 
year,  to  the  family  of  such  child  a  sum  not  to  exceed  three 
dollars  a  week,  nor  more  than  six  dollars  a  week  for  the  chil- 
dren of  any  one  family.     Said  money  shall  be  paid  in  the 
same  manner  and  out  of  the  same  fund  as  are  the  current 
expenses  for  the  maintenance  of  public  schools. 


granted. 


Amount  paid 
to  family. 


GENERAL  SCHOOL  LAWS. 


223 


i  515)     §  5991.    SEC.  3.    It  shall  be  the  duty  of  the  truant   Monthiye- 
offi  er  or  treasurer  of  the  school  board  in  any  district  where   m°arde  °by° 
a  <  lild  is  receiving  aid  under  the  provisions  of  this  act  to   truant  °m^'r 
dis  oirse  the  funds  herein  provided  for,  and  to  investigate 
the  environment  of  the  child,  and  to  make  an  itemized  report 
mo  ithly  to  the  school  board  or  some  officer  appointed  by  the 
bo;  rd,  of  the  manner  in  which  such  funds  were  expended: 
Pr  vided.  That  in  cities  having  a  juvenile  court  such  investi-  Proviio. 
gai  ion  shall  be  made  by  such  court. 

516)     §  5992.     SEC.  4.     The  truant  officer  shall  notify  the  Monthly  re- 

i  ,  i  .1  i  ••  •  -,  -1,1  port  to  be 

teji  :her  to   whom   any   child   receiving  aid    under   the  pro-   made  by 

vis  ons  of  this  act  may  be  assigned,  and  it  shall  be  the  duty  teacher- 

of    he  teacher  having  charge  of  such  child  to  report  monthly 

to   he  school  board  through  the  superintendent  of  schools,  the 

pr  gress  such  child  is  making  in  his  or  her  school  work,  and 

thj    record  of  attendance  together  with  such  other  informa- 

ti<  i  as  may  be  deemed  necessary.     Said  truant  officer  shall 

re<  eive  the  same  compensation  for  the  time  so  engaged  under 

th>    provisions  of  this  act  as  he  receives  for  similar  services 

pe  'formed  by  him  and  shall  be  pdid  in  the  same  manner. 


. 


COUNTY  NORMAL  TRAINING  CLASSES. 

Act  for  the  establishment  of  county  normal  training  classes  and  for 
the  maintenance  and  control  of  the  same. 


[Act  241,  P.  A.  1903.] 


The  People  of  the  State -of  Michigan  enact: 

(517)     §  5943.     SECTION  1.     Upon  the  notification  by  the  when  permit 
board  of  education  of  a  district  in  a  county  not  having  a   j 
state  normal  school  within  its  borders,  that  the  district  and 
th3  board  of  supervisors  of  the  county  have  voted  to  estab- 
lish a  county  normal  training  class,  the  state  superintendent 
of  public  instruction  may,  subject  to  the  provisions  herein 
1  named,  grant  permission  to  establish,  maintain  and  control 
a  Bounty  normal  training  class  for  the  purpose  of  giving  free 
instruction  and  training  in  the  principles  of  education  and 
in  'thods  of  teaching  to  residents  of  the  county:     Provided,   ^/rtl^'cities 
That  in  any  city  of  this  state,  having  a  population  of  t\v<> 
hundred  fifty  thousand  or  over  and  comprising  a  single  school 
district,  the  board  of  education  of  said  district,  instead  of  the 
legal  voters  of  the  district,  shall  have  the  authority  to  vote  to 
establish  a  county  normal  training  class  within  said  district: 
Provided,  That  but  one  such  training  class  shall  be  estab-   Proviso. 
li>hed  in  any  county:    And  provided  further,  That  not  more   Further 
tl  an  ten  such  classes  shall  be  established  in  the  state  in  any  proviso, 
one  year. 

Am.  1919.  Act  158. 


224 


STATE  OF  MICHIGAN. 


County  nor- 
mal board, 
how  con- 
stituted. 


Proviso. 


Normal  board, 
duties  of. 


Certificates  of 
graduation. 


Proviso. 


Normal  train- 
ing classes, 
maintenance 
of. 

Districts 
establishing, 
what  to 
furnish. 


Teachers' 
salaries, 
appropriation 
for. 


(518)  §  5944.     SEC.  2.     The   superintendent   of   public 
instruction  together  with  the  county  commissioner  of  schools 
of  the  county  and  the  superintendent  of  the  schools  in  the 
district  in  which  a  normal  training  class  has  been  established 
under  the  provisions  of  this  act,  shall  constitute  the  county 
normal  board :    Provided,  That  in  case  the  superintendent  of 
the  schools  of  the  district  is  also  commissioner  of  schools  of 
the  county  the  board  of  education  of  the  district  shall  select 
the  third  member  of  the  county  normal  board. 

(519)  §  5945.     SEC.  3.    The  duties  of  the  county  normal 
board  shall  be  as  follows : 

First,  To  determine  the  qualifications  for  admission  to  the 
county  normal  training  class; 

Second,  To  establish  a  one-year  course  of  study  to  be  pur 
sued,  a  year  to  consist  of  not  less  than  thirty-two  weeks  of 
five  days  each ; 

Third,  To  grant  certificates  of  graduation  to  such  persons 
as  finish  the  course  adopted  above,  in  such  form  as  the  super- 
intendent of  public  instruction  shall  prescribe. 

(520)  §  5946.      SEC.  4.     The   certificates   of   graduation 
shall  qualify  the  holder  to  teach  in  the  public  schools  as 
follows : 

First,  The  certificate  of  graduation  shall  qualify  the  holder 
to  teach  for  three  years  from  date  of  issue  in  any  school 
employing  not  more  than  two  teachers,  in  the  county  in  which 
the  county  normal  training  rlnss  is  situated :  Provided,  That 
any  certificate  shall  become  valid  as  above  specified  in  any 
other  county  when  indorsed  by  the  authority  that  grants  cer- 
tificates in  such  county; 

Second,  A  certificate  of  graduation  may  be  renewed  or 
revoked  by  a  majority  vote  of  the  county  normal  board. 

(521)  §  5947.     SEC.  5.     For  the  purpose  of  maintaining 
such  normal  training  classes  as  are  herein  prescribed,  it  is 
further  provided: 

First,  That  the  district  receiving  permission  to  establish 
a  county  normal  training  class  shall  provide  teachers,  and 
rooms  with  heating  and  equipment  satisfactory  to  the  super- 
intendent of  public  instruction,  and  said  board  shall  include 
in  the  expense  budget  of  the  district  such  sum  as  may  be 
necessary  for  these  purposes ; 

Second,  That  the  auditor  general  annually,  on  or  before 
the  thirtieth  day  of  June,  upon  the  certificate  of  the  super- 
intendent of  public  instruction  that  the  equipment  and 
instruction  of  any  county  normal  training  class  has  been  satis- 
factory, shall  draw  his  warrant  on  the  state  treasurer  in 
favor  of  the  treasurer  of  the  district  board  or  the  board  of 
education  of  the  district  maintaining  such  normal  training 


GENERAL  SCHOOL  LAWS. 


225 


Cost   of 
instruction. 


clfl  js  to  the  amount  of  six  hundred  dollars  for  each  teacher 

en*  cloyed  in  the  training  school,  to  be  paid  out  of  the  gen- 

er;  I  fund :    Provided,  That  in  no  case  shall  the  total  of  such    Proviso. 

ap  >ropriation  exceed  twelve  hundred  dollars  in  any  county 

du  ing  any  school  year; 

'bird.  In  any  district  establishing  a  county  normal  train 
iiu  class,  the  board  of  education  shall,  previous  to  the  first 
da  of  October  in  each  year,  estimate  the  cost  of  instruction 
fo  tho  current  year  in  the  county  normal  training  class 
an  1.  deducting  therefrom  the  amount  appropriated  by  the 
foi  egoing  provisions  of  this  act,  report  tho  balance  to  the 
co  nty  clerk  on  or  before  the  first  day  of  October ; 

•Vnirth,  At  its  October  session,  the  board  of  supervisors 
sh  11  appropriate  out  of  the  general  fund  of  the  county  one- 
ha  f  of  the  balance  due  for  instruction,  as  shown  by  the  afore- 
sa  1  report  to  the  county  clerk,  which  amount  shall  be 


Appropriation 
for. 


as  ossed  and  collected  at  the  same  time  and  in  the  same  man- 
ne  •  as  the  other  countv  taxes :     Provided,  That  in  no  case 


Proviso. 


sh  .11  such  appropriation  made  in  any  county  exceed  one-half 
t.h  amount  appropriated  by  the  state  according  to  the  pro- 
vis  ions  of  this  act.  The  money  so  raised  shall  constitute  the 
co  inty  normal  fund. 

^m.  1917,  Act  217. 

522)  §  5048.  SK<\  fi.  On  or  before  the  thirtieth  day  of 
June  of  each  year,  it  shall  be  the  duty  of  the  county  commis-  dutyof 
sicner  of  schools  to  certify  to  the  county  clerk  the  balance 
be  ween  the  total  cost  of  instruction  for  the  current  year 
an  1  the  amount  appropriated  by  the  auditor  general.  Upon 
receipt  of  such  certificate,  the  county  clerk  shall  draw  an 
on  lor  for  one-half  of  the  said  balance  upon  the  county  treas- 
n  r  '>r  in  favor  of  the  treasurer  of  the  board  of  education  of  the 
district  establishing  the  normal  training  class:  Provided,  Proviso. 
That  such  order  shall  not  exceed  the  amount  appropriated 
by  the  board  of  supervisors  according  to  the  provisions  of  this 


When  clerk  to 
draw  order. 


.vjr:  i      §  5040.     SEC.  7.      All    moneys   remaining   in    the 
inty  normal  fund  upon  the  first  of  September  of  each  year    of  fund. 
.ill  be  returned  to  the  general  fund  <>f  tho  county. 


STATE  OF  MICHIGAN. 


Authority  to 
establish,  etc. 


To  acquire 
sites,   build- 
ings, etc. 


Legacies,   etc. 


Endowment 
funds. 

Certain 
actions 
legalized. 


TRADE,  VOCATIONAL,   INDUSTRIAL,   MARINE,  ETC., 

SCHOOLS. 

An  Act  empowering  school  districts  in  the  state  of  Michigan  to  establish 
and  maintain  trade,  vocational,  industrial,  marine  and  manual  train- 
ing schools,  school  gymnasiums  and  scholarships,  and  to  accept  gifts, 
legacies  and  devises. 

[Act  22,  P.  A.  1911.] 

The  People  of  the  State  of  Michigan  enact: 

(524)  §  5950.    SECTION  1.    Any  school  district,  with  the 
consent  of  a  majority  of  the  qualified  electors  voting  at  any 
annual  meeting  of  such  district  or  at  any  special  meeting 
thereof  duly  called  for  the  purpose,  shall  through  its  school 
board  have  power  to  establish,  conduct  and  maintain  trade, 
industrial,  marine,  vocational  and  manual  training  schools 
and  school  gymnasiums  within  said  school  district;  to  con- 
trol and  classify  and  to  restrict  the  number  of  pupils  and 
the  terms  of  their  attendance  therein ;  to  prescribe  the  course 
of  studies  and  work  and  to  employ  the  necessary  teachers 
and  instructors  therein;  to  acquire  the  necessary  sites;  to 
acquire,  construct  and  provide  the  necessary  buildings  and 
equipments,  books  and  supplies  therefor;  to  defray  the  cost 
and  expense  thereof  by  general  tax  upon  the  taxable  property 
of  said  school  district,  and  to  issue  the  bonds  of  said  school 
district  to  meet  any  temporary  loans  required  for  any  of  the 
purposes  aforesaid. 

(525)  §  5951.    SEC.  2.    Said  school  district  with  the  like 
consent  shall  through  its  school  board  have  power  to  accept 
and  use,  care  for,  control,  invest  and  keep  invested  as  per- 
manent funds  any  gifts,  legacies  or  devices  whatsoever  hereto- 
fore or  hereafter  made  to  said  school  district  for  any  of  said 
above  named  purposes,  or  for  university  or  college  scholar- 
ships or  for  general  school  objects,  and  to  carry  into  effect 
the  terms  and  conditions  thereof.    All  permanent  and  endow- 
ment funds  shall  be  under  the  control  of  said  school  board. 
Any  action  of  said  school  district  and  of  its  school  board  here- 
tofore taken  with  respect  to  any  gifts,  legacies  or  devises 
already  made  to  said  school  district  for  trade  and  industrial 
school  and  scholarship  purposes  is  hereby  legalized. 


227 


C<  >NTROL,  ETC.,  OF  CERTAIN  COLLEGE  OF  MEDICINE 
AND  SURGERY. 

Ai  Act  to  enable  the  board  of  education  of  cities  having  a  population 
>f  two  hundred  and  lifty  thousand  or  over  and  comprising  a  single 
chool  district,  to  take  the  control  and  management  of  a  college  of 
aedicine  and  surgery  and  give  other  courses  of  higher  education. 

[Act  109,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(526)  SECTION  1.    The  board  of  education  of  cities  having 
a  population  of  two  hundred  and  fifty  thousand  or  over  and 
cc  mprising  a  single  school  district  may  take  the  control  and 
m  magement  of  any  college  of  medicine  and  surgery  in  the 
ci  ,y  and  maintain  and  conduct  the  same. 

(527)  SBC.  2.    In  connection  with  said  college  it  may  give 
C(  urses  of  instruction  in  dentistry,  pharmacy,  chemistry  and 
o1  her  similar  courses  of  higher  instruction  such  as  are  com- 
m  >nly  given  in  like  institutions  in  the  United  States. 

(528)  SEC.  3.    It  may  make  a  contract  with  any  hospital, 
ei  ;her  within  or  without  the  city,  to  facilitate  and  promote 
tl  e  instruction  given  to  the  students  of  said  college. 

(529)  SEC.  4.     It  may  combine  the  courses  of  said  college 
oi  medicine  and  surgery  with  any  other  collegiate  courses,  it 
is    or  may  be  authorized  to  give,  and  on  their  completion 
c(  nfer  such  degrees  and  grant  such  diplomas  as  are  usually 
c(  nferred  and  granted  by  other  similar  institutions  in  the 
United  States. 

(530)  SEC.  5.    It  shall  have  the  right  in  connection  with 
any  college  course,  any  university  course,  or  any  course  in 
higher  education,  which  it  is  or  may  be  authorized  to  furnish, 
tc  confer  honors  and  degrees  and  grant  diplomas,  conditioned 
upon  attainments  and  completion  of  courses  of  instruction, 
equivalent  in  time,  application  and  quality  of  study  and 
instruction,  to  those  commonly  required  in  like  institutions 
ir  the  United  States. 

(531)  SEC.  6.    It  shall  have  power  in  connection  with  any 
college  course,  or  any  course  in  higher  education,  which  it  is 
oi'  may  be  authorized  to  furnish,  to  delegate  to  proper  officers 
the  power  to  issue  and  enforce  orders  relative  to  the  good 
government  of  said  schools  and  the  discipline  and  conduct  of 
sludents,  and  it  also  shall  have  power  to  make  rules  and  regu- 
1;  tions  relative  to  the  hours  of  study,  and  the  conduct  of  stu- 
dmts   both   within    and   without    said    schools;   relative   to 
ttatriculation,   tuition   and   expense   charges   and   anything 
whatever  that  may  advance  the  interests  of  education,  the 
good  government  and  prosperity  of  said  institutions  and  it 
nay  exercise  these  powers  as  fully  and  completely  as  if  said 

Ktitutions  were  privately  owned  and  controlled. 


Authority 
granted 
board  of 
education. 


Courses  of 
instruction. 


May   contract 
with  hospital. 


Combined 
with  colle 
giate  courses. 


May  confer 
degrees,  etc. 


Discipline, 
etc.,  of 
students. 


228 


STATE  OF  MICHIGAN. 


Name  of 
college. 


(532)  SEC.  7.  It  may  give  to  any  college  it  is  or  may  be 
authorized  to  establish  or  maintain  any  name  it  desires,  but 
it  shall  not  adopt  the  name  of  any  other  college  in  operation, 
nor  of  any  living  individual,  nor  shall  it  exercise  any  power 
herein  conferred,  except  in  the  manner  provided  by  law  for  its 
guidance. 

Sec.  8  declares  this  act  to  be  immediately  necessary  for  the  preservation  of 
(lie   public    pence,    health    and    safety. 


Certain 
actions,    etc. 
validated. 


CERTAIN  PROCEEDINGS  VALIDATED. 

An  Act  to  cure  all  proceedings  and  action  taken  and  things  done  by  or 
on  behalf  of  the  free  schools  by  the  board  of  education,  or  its  officers, 
of  cities  having  a  population  of  two  hundred  fifty  thousand  or  over, 
and  comprising  a  single  school  district. 

[Act  85,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(533)  SECTION  1.  All  proceedings  and  actions  taken  and 
things  done  by  or  on  behalf  of  the  free  schools  by  the  board  of 
education,  or  its  officers,  of  cities  having  a  population  of  two 
hundred  fifty  thousand,  or  over,  and  comprising  a  single 
school  district,  by  which  the  control  and  management  of  any 
college  of  medicine  and  surgery  was  taken  over;  by  which 
any  college  of  medicine  and  surgery  was  maintained  as  a  part 
of  the  school  system;  by  which  public  money  was  expended 
for  any  college  of  medicine  and  surgery ;  by  which  estimates 
were  prepared,  presented  and  allowed,  and  taxes  levied  there- 
for, or  in  lieu  of  taxes,  bonds  authorized ;  by  which  an  attempt 
was  made  to  authorize,  issue  and  sell  bonds  for  general  school 
purposes  at  a  rate  of  interest  not  authorized  by  any  valid 
law;  by  which  provision  to  care  for  the  debt  of  the  said 
schools  was  made  in  the  city's  sinking  fund;  by  which,  by 
virtue  of  the  authority  or  alleged  authority  of  any  special  or 
local  act  passed  by  local  authority,  proceedings  were  had, 
action  taken  and  things  done  for  said  free  schools,  are  all 
hereby  ratified,  confirmed  and  validated,  as  fully  and  com- 
pletely as  if  authority  had  been  given  therefor  by  law  before 
the  proceedings  were  had,  action  taken  or  things  done. 

Sec.  2  declares  this  act  immediately  necessary  for  the  preservation  of  the 
public  peace,  health  and  safety. 


GENERAL  SCHOOL  LAWS. 


229 


ACQUISITION  or  LANDS. 

,  Act  to  authorixf  hoards  of  education  to  acquire  and  control  lands 
or  sites  for  school  h<.u<e>.  agricultural  sites,  athletic  fields  and 
toy-grounds,  ami  to  establish,  equip  and  maintain  trade  and  other 
•ocational  schools  and  to  acquire  lands  for  such  purpose  outside  the 
listrict  limits. 

[Act  222,  P.  A.  1011.] 

The  People  of  the  State  of  Michigan  enact: 

(534)  §  5952.  SECTION  1.  The  board  of  education  of  any 
o  ganized  school  district  containing  a  population  of  one  hun- 
d  ed  thousand  or  more  shall  have  full  power  and  authority  to 
1(  cate,  purchase  or  lease,  in  the  name  of  the  district,  such 
si  :e  or  sites  for  schoolhouses,  agricultural  sites,  athletic  fields 
a  id  playgrounds  as  may  be  necessary  out  of  the  funds  pro- 
v  ded  for  that  purpose,  and  may  make  sale  of  any  site  or 
o  her  property  of  the  district  which  is  no  longer  required  for 
s<  hool  purposes,  and  may  also  establish,  equip  and  maintain 
a  jricultural,  trade  and  other  vocational  schools,  and  if 
d  ;emed  necessary  by  such  board  may  acquire  land  for  such 
p  irpose  outside  the  district  limits. 


Districts,  to 

which 

applicable. 


May  establish 
agricultural, 
etc.,  schools. 


COUNTY  SCHOOLS  or  AGRICULTURE. 

i  Act  to  provide  for  the  establishment  of  county  schools  of  agricul- 
ture, manual  training  and  domestic  economy. 

[Act  35,  P.  A.  1907.] 

The  People  of  the  State  of  Michigan  enact: 

(535)     §  5953.     SECTION  1.     The  board  of  supervisors  of  Duty  of 
ay  county  is  hereby  authorized  to  appropriate  money  for  supervisors, 
le  organization,  equipment  and  maintenance  of  any  county 
.'hool  of  agriculture,  manual  training  and  domestic  economy: 
rovided,  That  upon  petition  of  not  less  than  ten  per  cent  of  Proviso, 
le  qualified  electors  of  any  county,  said  ten  per  cent  shall   ele< 
e  determined  by  the  total  number  of  votes  cast  for  secre- 
iry  of  state  at  the  last  preceding  November  election,  and 
le  board  of  supervisors  shall   submit    the  question  of  the 
stablishment   of   a    county    school   of   agriculture,    manual 
paining  and  domestic  economy  at  a  general  election  or  a 
pecial  election  called  for  that  purpose.     If  a  majority  of 
he  electors  voting  upon  such  proposition  shall  vote  in  favor 
f  the  establishment  of  such  school,  it  shall  be  the  duty  of 
he  board  of  supervisors  to   provide  for  the  organization, 
quipment  and  maintenance  of  such  school  as  in  this  act  pro- 
tided.    Whenever  the  board  of  supervisors  of  the  county  shall 


230 


STATE  OF  MICHIGAN. 


Submission 
to  electors. 


by  a  two-thirds  vote  of  all  members  elect,  resolve  to  con- 
tract indebtedness  or  issue  bonds  to  raise  money  for  the 
organization,  equipment  and  maintenance  of  such  school,  the 
question  shall  be  submitted  to  the  vote  of  the  electors  of  the 
county  at  a  general  or  special  election  to  be  called  for  that 
purpose.  Notice  of  the  submission  of  such  resolution  to  the 
vote  of  the  electors  and,  in  case  a  special  election  is  called, 
notice  of  the  calling  of  such  special  election  shall  be  given  in 
the  same  manner  and  for  the  same  length  of  time  as  is  now 
prescribed  by  law  for  general  elections.  If  a  majority  of  the 
electors  of  the  county,  voting  on  such  resolution,  shall  vote  in 
favor  thereof,  it  shall  be  deemed  to  have  carried.  The  returns 
of  the  election  heroin  provided  for  shall  be  canvassed  and  the 
results  declared  in  the  same  manner  and  by  the  same  officers 
as  is  provided  by  general  law  for  canvassing  the  returns  of 
and  declaring  the  results  in  city,  county  and  district  elec- 
tions. The  manner  of  stating  the  question  upon  the  ballots 
shall  be  prescribed  by  the  resolution  of  the  board  of  super- 
visors. 

(536)  §  5954.  SEC.  2.  A  board  to  be  known  as  the  county 
school  board  is  hereby  created,  which  shall  have  charge  and 
control  of  all  matters  pertaining  to  the  organization,  equip- 
ment and  maintenance  of  such  schools,  except  as  otherwise 
provided  by  law.  Said  board  shall  consist  of  five  members, 
one  of  whom  shall  be  the  county  commissioner  of  schools 
of  the  county  or  district  in  which  the  school  is  located.  The 
other  members  of  the  board  shall  be  elected  by  the  board  of 
supervisors,  one  for  one  year,  one  for  two  years,  one  for 
three  years  and  one  for  four  years,  and  thereafter  one  mem- 
ber of  the  board  shall  be  elected  annually  for  the  full  term 
of  four  years  from  the  date  of  the  expiration  of  the  term 
about  to  become  vacant,  but  no  member  of  the  board  of  super- 
visors shall  be  eligible.  Vacancies  existing  in  the  board  from 
whatever  cause,  except  in  the  case  of  the  county  commis- 
sioner, shall  be  filled  by  appointment  made  by  the  chairman 
of  the  board  of  supervisors,  if  the  board  of  supervisors  is 
not  in  session  when  such  vacancy  occurs.  If  the  board  of 
supervisors  is  in  session,  vacancies  shall  be  filled  by  election 
by  said  board  for  the  unexpired  term.  Appointments  made 
by  the  chairman  of  the  board  of  supervisors,  as  hereinbefore 
specified,  shall  be  for  the  period  of  time  until  the  next  reg- 
ular meeting  of  the  board  of  supervisors.  Each  person 
appointed  or  created  a  member  of  the  county  school  board 
shall,  within  ten  days  after  the  notice  of  such  appointment, 
take  and  subscribe  an  oath,  to  support  the  constitution  of  the 
United  States  and  the  constitution  of  Michigan,  and  honestly, 
faithfully  and  impartially  to  discharge  his  duties  as  a  mem- 
ber of  said  board,  to  the  best  of  his  ability,  which  oath  shall 
be  filed  in  the  office  of  the  county  clerk.  He  shall  also,  within 


County 
school  board 
created, 
powers. 


Of  whom 
composed. 


Vacancies, 
how  filled. 


Oath,   where 
filed. 


Bond. 


I 


GEN  I:RAL  SCHOOL  LAWS. 


th'  same  time,  file  a  bond  in  such  sum  as  may  be  fixed  by 
th<  board  of  supervisors,  which  bond  shall  be  filed  in  the 
oft  ce  of  the  county  clerk.  Within  fifteen  days,  after  the 
ai>  )ointment  of  said  board,  the  members  thereof  shall  meet 
an  1  organize  by  electing  one  of  their  number  as  president. 
Tl  e  county  commissioner  of  schools  shall  be  ex-officio  secre- 
t;i  y  of  the  said  board.  The  board  hereafter  created  shall 
pi  ascribe  the  duties  of  the  several  officers  except  as  fixed  by 
lav. 

537)  §  5955.  SEC.  3.  Whenever  two  or  more  counties 
ui  ite  in  establishing  such  a  school,  the  provisions  of  section 
t^  o  of  this  act  shall  apply  to  the  organization  of  the  county 
sc  lool  board,  and  to  filling  vacancies  therein :  Provided, 
Tl  at  the  county  commissioner  of  the  county  in  which  the 
sc  lool  is  located  shall  be  a  member  of  the  board  and  ex-officio 
it?  secretary;  and  two  members  shall  also  be  elected  from 
ea  !h  county  by  the  board  of  supervisors  thereof,  one  for  one 
yc  ir  and  one  for  two  years,  and  thereafter  one  member  of 
th  3  board  shall  be  elected  annually  in  each  county  for  the 
fi]  11  term  of  two  years,  but  no  member  of  the  county  board 
of  supervisors  shall  be  eligible. 

(538)  §  5956.     SEC.  4.     Whenever  two  or  more  counties 
shall  unite  in  establishing  and  maintaining  a  school  under 
the  provisions  of  this  act,  the  county  school  board  herein 
pi  ovided  shall,  on  or  before  the  first  day  of  October  in  each 
y<  ar,  determine  the  amount  of  money  necessary  for  the  equip- 
in  4nt  and  maintenance  of  said  school  for  the  ensuing  year, 
w  lich  said  amount  they  shall  apportion  among  the  counties 
in  proportion  to  the  assessed  valuation  of  each  county  as 
la  >t  fixed  by  the  state  board  of  equalization  and  shall  report 
tln'ir  estimate  and  apportionment  to  the  county  clerk  of  each 
county,  who  shall  lay  said  report  before  the  board  of  super- 
vi.ors  at  its  annual  meeting.    The  amount  so  apportioned  to 
each  county  shall  be  levied  by  the  board  of  supervisors  of  such 
county,  as  a  portion  of  the  county  tax  for  the  ensuing  year, 
for  the  support  of  the  said  school. 

(539)  §  5957.    SEC.  5.    The  county  treasurer  of  the  county 
in  which  said  school  is  located  shall  be  ex-officio  treasurer  of 
said  board;  all  moneys  appropriated  and  expended  under  the 
provisions  of  this  act  shall  be  expended  by  the  county  school 
board  and  shall  be  paid  by  the  said  county  treasurer  on 
oiders  issued  by  said  board  or  in  counties  having  a  board  of 
ccnnty  auditors,  by  such  auditors,  and  all  moneys  received 
h;   said  board  shall  be  paid  to  the  said  county  treasurer  for 
tl  e  fund  of  the  county  school  board. 

(540)  §  5958.    SEC.  6.    In  the  county  schools  of  agricul- 
Lre  and  domestic  economy  organized  under  the  provisions 
I  this  act,  instruction  shall  be  given  in  the  elements  of  agri- 

Iture  including  instruction  concerning  the  soil,  the  plant 
and   the  animal  life  of  the  farm;  a  system  of  farm 
ccounts  shall  also  be  taught ;  instructions  shall  also  be  given 


231 


Organization 
of  board. 


Proceedings 
when  two  or 
more  counties 
unite  In  es- 
tablishing. 
Proviso. 


County  school 
board  to  ap- 
portion ex- 
penses. 


Tax   levy. 


Treasurer  of 
board,  duties. 


Instruction 
to  be  given. 


232 


STATE  OF  MICHIGAN. 


School  to  be 
free. 


"Special 
classes." 


Superintend- 
ent of  public 
Instruction, 
duty  of. 


President 

agricultural 

college. 

Proviso  as  to 
superintend- 
ent of  school. 


in  manual  training  and  domestic  economy  and  such  other 
related  subjects  as  may  be  prescribed. 

school  to  (541)     §  5959.    SEC.  7.    Each  such  school  shall  have  con- 

nected with  it  a  tract  of  land  suitable  for  purposes  of  experi- 
ment and  demonstration,  of  not  less  than  ten  acres  in  area. 

(542)  §  5960.     SEC.  8.    The  schools  organized  under  the 
provisions  of  this  act  shall  be  free  to  the  inhabitants  of  the 
county  or  counties  contributing  to  their  support,  who  shall 
be  qualified  to  pursue  the  course  of  study  as  prescribed  by 
the  school  board.    Whenever  students  of  advanced  age  desire 
admission  to  the  school  during  the  winter  months  in  sufficient 
number  to  warrant  the  organization  of  special  classes  for 
their  instruction,  such  classes  shall  be  organized  and  con- 
tinued for  such  time  as  their  attendance  may  make  necesssary. 

(543)  §  5961.    SEC.  9.    The  state  superintendent  of  public 
instruction  shall  give  such  information  and  assistance  and 
establish  such  requirements  as  may  seem  necessary  for  the 
proper  organization  and  maintenance  of  such  schools,  and, 
with  the  advice  of  the  president  of  the  Michigan  state  agricul- 
tural college,  determine  the  qualifications  required  of  teachers 
employed  in  such  schools :    Provided,  That  no  person  shall  be 
eligible  to  a  position  as  superintendent  of  any  school  estab- 
lished under  this  act,  who  is  not  a  graduate  of  a  state  college 
of  agriculture.    The  state  superintendent  of  public  instruc- 
tion shall  have  the  general  supervision  of  all  schools  estab- 
lished under  this  act;  shall  from  time  to  time  inspect  the 
same,  make  such  recommendations  relating  to  their  manage- 
ment as  he  may  deem  necessary,  and  make  such  report  thereon 
to  said  schools  as  shall  give  full  information  concerning  their 
number,  character  and  efficiency. 

(544)  §  5962.    SEC.  10.    Any  school  established  under  the 
provisions  of  this  act,  whose  course  of  study  and  the  quali- 
fications of  whose  teachers  have  been  approved  by  the  super- 
intendent of  public  instruction  and  the  president  of  the  Mich- 
igan state  agricultural  college,  and  which  shall  have  expended 
at  least,  twenty  thousand  dollars  in  buildings  and  equipment, 
and  shall  have  acquired  title  to  at  least  eighty  acres  of  land 
to  be  used  in  connection  with  said  school,  may,  upon  applica- 
tion, be  placed  upon  the  approved  list  of  county  schools  of 
agriculture,  manual  training  and  domestic  economy.  A  school 
once  entered  upon  said  list  may  remain  listed  and  be  entitled 
to  state  aid  so  long  as  the  scope  and  character  of  its  work 
are  maintained  in  such  manner  as  to  meet  the  approval  of 
the  superintendent  of  public  instruction.    On  the  first  day  in 
July  of  each  year  the  secretary  of  each  county  school  board 
maintaining  a  school  on  the  approved  list  shall  report  to  the 
superintendent  of  public  instruction,  setting  forth  the  facts 
relative  to  the  cost  of  maintaining  the  school,  the  character  of 
the  work  done,  the  number  and  names  of  teachers  employed, 
and  if  more  than  one  county  contributes  to  the  support  of 
such  school,  the  amount  so  contributed  by  each  county  and 


Schools,  when 
placed   upon 
approved  list. 


Annual 
report. 


GENERAL  SCHOOL  LAWS. 


233 


Amount 
drawn. 


su  :h  other  matters  as  may  be  required  by  the  county  school 

bo  ird  or  the  said  superintendent.    Upon  the  receipt  of  sucli 

re  >ort,  if  it  shall  appear  that  the  school  has  been  maintained 

in  a  satisfactory  manner  for  a  period  of  not  less  than  eight 

m<  nths  during  the  year,  closing  on  the  thirtieth  day  of  the 

pi  Deeding  June,  the  said  superintendent  shall  make  a  cer- 

tii  cate  to  that  effect  and  file  it  with  the  auditor  general. 

U  >on  receiving  such  certificate,  the  auditor  general   shall 

di  iw  his  warrant  payable  to  the  treasurer  of  the  county 

m  .intaining  such  school  for  a  sum  equal  to  two-thirds  the 

ai  lount  actually  expended  lor  maintaining  such  school  during 

tl  5  year:     Provided,  That  the  total  sum  so  apportioned  shall    Proviso. 

n<  t  exceed  four  thousand  dollars  to  any  one  school  in  any  one 

yc  ii".    Provided  further.  That  any  such  school  receiving  state 

ai  1  shall  be  free  to  the  inhabitants  of  the  state  on  such  terms 

a.1  may  be  provided  by  said  board  and  the  superintendent  of 

p  blic  instruction.     When  more  than  one  county  has  con- 

ti  buted  to  the  support  of  the  school,  the  auditor  general  shall 

d  aw  his  warrant  payable  to  the  treasurer  of  each  county  for 

si  ch  portion  of  the  state  aid  as  the  amount  contributed  by  his 

c(  unty  is  part  of  the  total  amount  contributed  by  all  the 

c(  unties  for  the  support  of  the  school  for  the  preceding  year. 

T  le  auditor  general  shall  annually,  beginning  in  the  year  Tax  clause. 

n  neteen  hundred  thirteen,  include  and  apportion  in  the  state 

t;  x  sudi  sum  as  shall  have  been  so  paid. 


Further 
proviso. 


KU1CAL  AGRICULTURAL  SCHOOLS. 

i  Act  to  provide  for  the  establishment  of  rural  agricultural  schools 
by  consolidating  three  or  IIHUV  rural  schools  in  any  school  or  town- 
ship district :  for  the  organization  of  school  districts  in  certain  cases; 
for  teaching  agriculture,  manual  training  and  home  economics 
therein,  and  providing  state  aid  for  the  maintenance  thereof,  (a) 


[Act  226,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 


(545)  SECTION  1.  Three  or  more  rural  schools  which 
live  been  or  may  hereafter  be  consolidated  and  in  which 
lie  teaching  of  agriculture,  manual  training  and  home  eco- 
lomics  shall  or  may  be  established  as  part  of  the  regular 
)urses  of  study,  shall  be  known  as  rural  agricultural  schools 
ind  shall  be  entitled  to  state  aid  for  the  maintenance  thereof. 
'  built,  equipped,  and  managed  as  provided  for  in  this  act. 

lUi      SKC.  2.      Such    rural   agrimltural   schools  shall  be 
livided  into  two  classes,  viz.: 

(a)      Class    (a)    shall   include   rural   agricultural   schools 
ith  less  than  twenty  acres  of  ground  and  having  a  corps  of 

ichers  consisting  of  one  principal  and  two  or  more  teachers 

(a)  Title  Am.  1919,  Act  81. 


Establlsh- 

IIH'llt     of. 


Division  ..f. 
into  classes. 


234 


STATE  OF  MICHIGAN. 


Question  of 


Notice. 


who  are  engaged  to  teach  during  not  less  than  nine  months 
in  any  one  year. 

(b)  Class  (b)  shall  include  rural  agricultural  schools 
with  twenty  or  more  acres  of  ground  used  partly  or  wholly 
for  the  teaching  of  practical  agriculture  and  animal  hus- 
bandry and  having  a  corps  of  teachers  consisting  of  one  prin- 
cipal, who  is  engaged  for  a  year  of  twelve  months,  and  of  two 
or  more  teachers  who  are  engaged  during  not  less  than  ten 
months  in  any  one  year. 

(547)  SEC.  3.  Whenever  the  district  boards  of  three  or 
more  rural  school  districts  deem  it  advisable  to  establish  a 
rural  agricultural  school  by  consolidating  the  territory  of 
said  districts,  the  boards  may  submit  the  question  of  con- 
solidating to  the  qualified  school  electors  of  their  respective 
districts,  or  whenever  the  district  board  of  any  township 
school  district  deems  it  advisable  to  establish  a  rural  agri- 
cultural school  within  said  township  school  district,  it  may 
submit  the  question  of  establishing  such  school  to  the  quali- 
fied school  electors  of  said  township  school  district.  The 
question  of  establishing  a  rural  agricultural  school  may  be 
submitted  to  the  qualified  school  electors  either  at  the  annual 
school  meeting  or  at  a  special  meeting  held  for  such  purpose, 
notice  thereof  in  either  case  being  given  not  less  than  twenty 
days  prior  to  the  time  of  holding  such  meeting  by  posting 
three  or  more  notices  in  each  district  or  township  affected. 
The  polls  shall  be  open  at  least  seven  hours,  and  the  voting 
shall  be  by  ballot.  The  board  shall  determine  the  form  of 
ballot  to  be  used  and  the  hour  at  which  the  polls  shall  be  open, 
which  hour  shall  be  stated  in  the  notice:  Provided,  Such 
question  shall  be  submitted  and  notice  given  as  above  stated 
whenever  ten  per  cent  or  more  of  the  resident  school  electors 
of  such  districts  or  township  affected  shall  sign  and  file  with 
their  respective  district  or  township  school  board  a  petition 
or  petitions  asking  that  such  question  be  submitted  at  the 
next  annual  school  meeting  or  at  a  special  meeting  to  be  held 
for  such  purpose :  Provided,  That  if  a  majority  of  the  quali- 
fied school  electors  present  and  voting  at  such  annual  or  spe- 
cial meeting  shall  vote  in  favor  of  the  establishing  of  a  rural 
agricultural  school,  the  school  board  shall  within  five  days 
file  a  certified  statement  of  such  vote  with  the  county  com- 
missioner of  schools  of  the  county:  Provided,  That  if  the 
school  districts  to  be  consolidated  are  located  in  more  than  ( 
one  county,  the  certified  statement  of  each  rural  school  board  ' 
shall  be  filed  with  the  county  commissioners  of  schools  con- 
cerned, and  it  shall  be  the  duty  of  these  county  commissioners 
of  schools  to  designate  one  of  their  number  to  call  the  elec- 
tion provided  for  in  section  four  of  this  act.  In  case  the 
county  commissioners  of  schools  cannot  agree  as  to  which  one 
of  them  shall  call  the  said  election,  the  superintendent  of 


proviso, 
petition. 


proviso,  state- 
ment  of  vote, 


proviso 

when  two  or 

Srercetecdun    8 


Dut   of 
officials. 


(JKNKHAL  SCHOOL  LAWS. 


235 


Consolida- 
tion, when 
effective. 


Proviso,   duty 
of  township 
school  board. 


Proviso,  an- 
nexation of 
rural  school 
district. 


pi  blic  instruction  shall  designate  the  county  commissioner 
w  .ose  duty  it  shall  be  to  call  the  election  herein  designated. 
Tl  e  consolidation  of  the  rural  districts  shall  become  effective 
w  icnever  the  county  commissioners  of  schools  shall  receive 
C(  ?tified  statements  of  the  affirmative  vote  of  three  contig- 
u<  us  school  districts  to  establish  a  rural  agricultural  school : 
P  ovided,  Whenever  a  majority  of  the  qualified  school  electors 
.ol  any  township  school  district  shall  vote  to  establish  a  rural 
ai  ricultural  school,  the  township  school  board  of  said  town- 
sl  ip  shall  proceed  to  establish  a  rural  agricultural  school  as 
p  ovided  in  this  act,  and  the  rural  agricultural  school  so  estab- 
li  ;hed  in  a  township  school  district  shall  be  a  part  of  the 
s<  hool  system  of  said  township  district :  Provided,  Any  rural 
s«  hool  district  adjoining  a  rural  agricultural  school  district 
b  r  a  majority  vote  of  the  qualified  school  electors  present 
a  id  voting  in  each  district  affected  at  any  annual  or  special 
n  eeting  called  for  the  purpose  may  be  annexed  to  the  said 
r  iral  agricultural  district  by  the  township  board  or  township 
b  >ards  of  the  township  or  townships  in  which  said  territory 
1  es.  Such  annexation  shall  not  operate  to  affect  the  legal 
o  rganization  of  said  rural  agricultural  school  district.  It 
8  iall  be  the  duty  of  the  school  board  of  each  district  con- 
CBrned  to  file  within  ten  days  a  certified  statement  of  the 
affirmative  vote  for  annexation  with  the  township  clerk  of 
tie  township  in  which  the  schoolhouse  of  said  rural  school 
(  istrict  is  located.  The  said  township  clerk  shall,  within 
twenty  days  after  receiving  the  certified  statements  from  both 
( istricts,  call  a  meeting  of  the  township  board  or  boards  in 
the  same  manner  as  is  provided  under  the  general  school  laws 
for  the  changing  of  boundary  lines  of  school  districts.  At  said 
meeting  the  township  board  or  boards  shall  annex  the  terri- 
tory of  said  rural  district  to  the  territory  of  said  rural  agri- 
cultural district :  Provided,  That  school  electors  as  mentioned 
in  this  act  shall  include  every  citizen  of  the  United  States  of 
the  age  of  twenty-one  years,  male  or  female,  who  owns  prop- 
erty which  is  assessed  for  school  taxes  in  the  district  or  who 
is  the  parent  or  legal  guardian  of  any  child  of  school  age 
:ncluded  in  the  school  census  of  said  district  and  who  has 
"esided  in  said  district  three  months  next  preceding  such 
election. 


Statement  of 
vote,  who 
to  file. 


Duty  of 

township 

boards. 


Proviso, 
qualifications 
of  electors. 


I 


Am.  1919,  Act  81. 

(548)  SEC.  4.  Whenever  the  consolidation  of  three  or  Election  of 
more  contiguous  rural  school  districts  becomes  effective  as 
provided  in  section  three,  the  county  commissioner  of  schools 
designated  in  section  three  shall  call  a  district  election  for 
the  second  Monday  in  July  following  by  posting  notices  at 
least  ten  days  prior  thereto,  and  at  least  one  notice  in  each 
district  aflVctod,  in  three  of  the  most  public  places  in  the  ter- 
ritory which  is  consolidated.  At  such  election  a  board  of 
education  of  five  trustees  for  the  rural  agricultural  school  dis- 
trict shall  be  elected  by  ballot  by  the  qualified  school  electors 


Vaiiotb7 


236 


STATE  OF  MICHIGAN. 


Term  of 
office,  qual- 
ifications. 


Notice  of 
acceptance. 


Board  officers, 
election   of. 


of  such  rural  agricultural  district,  one  trustee  for  one  year, 
two  for  two  years,  and  two  for  three  years  and  annually  there- 
after a  successor  or  successors  to  the  member  or  members 
whose  term  of  office  shall  expire.  The  term  of  office  of  trustee 
after  the  first  election  shall  be  three  years.  The  qualifications 
for  office  holding  shall  be  the  same  as  those  provided  in  the 
general  school  laws  for  members  of  the  board  of  primary  dis- 
tricts. Within  ten  days  after  his  election  each  member  shall 
file  with  the  county  commissioner  of  schools  calling  the  elec- 
tion an  acceptance  of  the  office  to  which  he  has  been  elected, 
accompanied  by  an  affidavit  setting  forth  the  fact  of  eligibility 
as  prescribed  in  the  general  school  laws.  The  county  com- 
missioner of  schools  shall  file  these  affidavits  and  acceptances 
with  the  secretary  of  the  board  after  the  organization  of  the 
board  and  its  election  of  a  secretary.  Thereafter  the  affidavits 
and  acceptances  of  office  shall  be  filed  with  the  secretary  of 
the  board.  The  board  of  education  shall  annually,  and  within 
fifteen  days  after  the  annual  meeting,  or  within  fifteen  days 
after  the  organization  under  this  act,  elect  from  its  own  num- 
ber a  president,  a  secretary  and  a  treasurer,  and  for  cause 
may  remove  the  same  from  such  offices  and  may  appoint 
others  of  their  number  in  such  places,  and  these  officers  shall 
perform  the  duties  prescribed  by  the  general  school  law  for 
the  moderator,  director,  and  treasurer  of  the  district,  except 
as  is  inconsistent  with  the  provisions  of  the  graded  school 
net  and  with  the  provisions  of  this  act.  The  board  of  educa- 
tion shall  have  power  to  fill  any  vacancy  that  may  occur  in 
its  number  until  the  next  annual  meeting,  and  if  three  vacan- 
cies occur  at  the  same  time  a  special  meeting  of  the  district 
shall  be  called  to  elect  members  of  the  board  to  fill  such 
places.  Within  thirty  days  after  his  appointment,  the  treas- 
urer of  the  board  shall  file  with  the  secretary  an  official  bond 
in  such  an  amount  and  form  as  may  be  determined  by  said 
board.  Said  bond  may  be  either  personal  or  of  some  surety 
company  authorized  to  do  business  in  this  state,  and  it  shall 
be  given  for  a  sum  not  less  than  the  greatest  amount  of  money 
that  the  treasurer  may  have  in  his  possession  or  under  his 
control  at  any  time  during  his  term  of  office,  as  near  as  the 
same  can  be  determined.  When  a  personal  bond  is  given  it 
shall  be  signed  by  not  less  than  two  sureties,  each  of  whom 
shall  justify  under  oath  to  the  full  amount  of  the  bond.  If  a 
surety  bond  is  required  and  purchased,  it  may  be  at  the 
expense  of  the  district.  Whenever,  in  any  case,  the  board  of 
education  shall  fail  or  neglect  to  elect  the  officers  of  the  board 
named  in  this  section  within  fifteen  days  next  after  the 
annual  meeting,  or  after  the  organization  of  the  district,  the 
township  board  of  the  township  within  which  the  schoolhouse 
of  said  district  is  located  shall  appoint  the  said  officers  from 
the  members  of  the  board. 


Duties  of. 


Vacancies, 
how   filled. 


Treasurer    to 
file  bond. 


Amount  and 
kind. 


Personal 
bond. 

Surety   bond, 
expense  of. 

Appointment 
of  trustees. 


Am.  Id. 


GENERAL  SCHOOL  LAWS.  237 

549)     SEC.  5.    Within  ten  days  after  the  organization  of    i>isp..sm.m 
th  !  board  of  education  provided  for  in  section  four  the  funds   ' 
ai  1  property  of  each  school  district  shall  be  turned  over  to 
th  j  board  of  education  of  such  consolidated  district. 

m.  Id. 

SEC.  6.    Any  school  district  formed  under  the  pro-   school 


vi  ions  of  this  act  in  township  school  districts  shall  be  subject 

t(    all  the  provisions  of  the  act  under  which  said  township  Provisi"ns 

s(  100!  district  is  organized,  not  inconsistent  with  the  pro- 

v  ;ions  of  this  act.    All  other  rural  agricultural  schools  organ-   otiu-r  rural 

v/  id  under  the  provisions  of  this  act  shall  have  the  powers   SooST" 

;i   d  privileges  conferred  upon  graded  school  districts  by  the   ;,'|'(w"rs  "f 

1:  ws  of  this  state,  all  the  general  provisions  of  which  relating 

1<    primary  schools  shall  apply  and  be  in  force  in  said  district 

<>  cept  such  as  shall  be  inconsistent  with  the  provisions  of 

t)  is  act. 


Am.  Id. 


i.V»i  i     SKC.  7.     Rural  agricultural  school  buildings  shall   school  buiw- 
1) »  communit     centers  and  be  available  to  residents  of  the  f8' 


d  strict  or  township  for  meetings  after  school  hours  or  when 
s  «hool  is  not  in  session,  and  the  board  of  education  shall 
grant  the  use  thereof  providing  such  meetings  are  not  held 
f  >r  political  or  religious  purposes.  A  janitor  shall  be  engaged 
f  >r  the  entire  year  to  care  for  buildings  and  grounds  during 
s  ?hool  hours  and  when  public  meetings  are  held. 

i.V)!*)     SEC.  8.    Plans  for  rural  agricultural  school  build- 
i  igs  shall  be  approved  by  the  superintendent  of  public  instruc-  prova'i  of. 
tion.     Such  buildings  shall  be  erected  by  advertising  for 
s  -aled  bids  and  shall  contain  six  or  more  rooms,  one  assembly 
loom  or  two  rooms  with  removable  partition.    They  shall  bo 
]  niperh  ventilated,  have  an  ample  water  supply,  toilets  with 
]•  roper   sewerage,  a  central   heating  and   lighting   plant,   a 
library  and  suitable  equipment  and  apparatus  for  the  teach 
ing  of  agriculture,  manual  training  and  home  economics. 

i  :>:>:>,  i     SKC.  1>.     The  board  of  education  shall  provide  a  suf-   JJ^JJJJ^ 
licieiit    number  of  vehicles  for  the  transportation  of  pupils   tion  of 
I  rom  and  to  their  homes  and  shall  designate  the  routes  over   pupll8> 
vhich  such  vehicles  are  to  travel:    Provided,  That  no  pupils   Proviso. 
shall  l»e  compelled  to  walk  farther  than  one  mile  from  their 
mini's  to  the  nearest  route.     Such  vehicles  shall  be  of  ample 
•apacity,  shall  be  enclosed  to  keep  out  rain  or  snow  and  be 
provided  with  robes  or  foot  warmers  during  cold  weather. 
In  case  less  than  six  pupils  reside  on  or  near  any  one  route, 
such  pupils  may  be  boarded  at  some  convenient  place  if  the 
cost  is  less  than  the  cost  of  transportation. 

(554)     SEC.  10.     Teachers  in  home  economics  shall  have  Teachers  in 
teachers'  certificates  and  be  graduates  of,  or  have  taken  a  suf-  Somics, 
ficient  course  in  college  or  normal  school,  where  science  in   qualifications. 
>me  economics  is  taught,  and  be  qualified  to  teach  home 


. 


238 


STATE  OF  MICHIGAN. 


economics  as  determined  by  such  tests  as  may  be  required  by 
the  superintendent  of  public  instruction. 

Am.  1919,  Act  81. 

(555)  SEC-  H-  Teachers  of  agriculture  and  teachers  of 
qualifications!  manual  training  in  rural  agricultural  schools  shall,  in  addi- 
tion to  the  regular  teachers'  certificate,  hold  a  certificate  or 
diploma  from  a  university,  college,  or  state  normal  school  and 
be  qualified  to  teach  agriculture  or  manual  training  as  deter- 
mined by  such  tests  as  may  be  required  by  the  superintendent 
of  public  instruction. 

Am.  Id. 


PuaM?a"tion  ^556^       SE°*    12'      Th6   PrindPal    in    class 

duties.0*       '  holder  of  at  least  a  state  life  certificate 


Class  (b). 


State  aid. 


Notice  given 
when  schools 
established. 


sha11    **   the 

or  a  state  normal 
school  diploma  or  shall  have  educational  qualifications  equiva- 
lent thereto.  Said  principal  shall  have  all  the  powers  and 
duties  conferred  upon  the  superintendent  of  schools  in  sec- 
tion three  of  the  graded  school  act,  except  in  township  unit 
districts  employing  a  superintendent  of  schools. 

Am.  Id. 

(557)  SEC.  13.     The  principal  in  class   (b)   shall  hold  a 
teacher's  life  certificate  and  have  not  less  than  two  years' 
successful  experience  in  other  schools.    He  shall  have  prac- 
tical  experience  in   farm  work   and   be  either  a   graduate 
from  any  state  agricultural  college  or  a  state  normal  school 
having  a  course  in  agriculture  or  have  a  certificate  from  such 
college  or  normal  school  showing  that  he  has  taken  a  course 
of  not  less  than  two  years  in  such  college  or  normal  school 
and  is  qualified  to  teach  agriculture  and  manual  training. 
During  the  two  months  when  school  is  not  in  session,  he  shall 
supervise  boys'  and  girls'  club  work  as  carried  on  by  the 
United   States   Department   of  Agriculture  in   co-operation 
with  the  Michigan  agricultural  college  ;   he  shall  assist  in 
supervising  farm  demonstrations  which  may  be  carried  on  in 
his  district  and  he  shall  give  such  assistance  and  advice  as 
may  be  required  by  farmers  in  such  districts. 

(558)  SEC.  14.    As  state  aid  to  assist  in  the  maintenance 
of  rural  agricultural  schools,  each  of  such  schools  shall  be 
entitled  to  receive  two  hundred  dollars  a  year  for  each  vehicle 
used  for  the  transportation  of  pupils.     In  addition  thereto 
class  (a)  schools  shall  be  entitled  to  receive  the  sum  of  six 
hundred  dollars  a  year  and  class  (b)  schools  shall  be  entitled 
to  receive  the  sum  of  nine  hundred  dollars  a  year. 

(559)  SEC.  15.     Whenever  rural  agricultural  schools  are 
built  and   equipped  and  qualified  teachers  are  engaged  as 
specified  in  this  act,  the  president  and  secretary  of  the  board 
of  education  having  control  of  such  schools,  shall  notify  the 
superintendent  of  public  instruction,  specifying  the  location 
of  said  schools,  the  number  of  rooms  contained  therein  and 


GENERAL  SCHOOL  LAWS. 


23d 


th-;  equipment  thereof,  the  number  of  acres  of  land  connected 
therewith  and  in  possession  of  the  township  or  consolidated 
di  trict,  the  number  of  teachers  engaged  and  their  respective 
qu  ilifications,  the  number  of  school  months  for  which  said 
teachers  and  principal  have  been  engaged,  the  barns  and 
ki  ids  of  livestock,  if  any,  and  the  number  of  vehicles  engaged 
fo  •  the  transportation  of  pupils. 

(560)  SEC.  16.     Within   thirty  days  after  receiving  the 
n<  tice  mentioned  in  section  fifteen,  the  superintendent  of 
pi  blic  instruction  shall  satisfy  himself  that  such  rural  agri- 
cultural school  has  been  erected  and  equipped  as  provided  for 
in  this  act.    If  unable  to  inspect  said  school,  he  shall  request 
si  ch  inspection  to  be  made  within  said  thirty  days  by  the 
C(  mmissioner  of  schools  of  the  county  in  which  said  rural 
a^  ricultural  school  is  located,  and  he  shall  thereupon  send 
t<  the  auditor  general  a  copy  of  the  aforesaid  notice  with  his 
ei  dorsement,  showing  that  said  rural  agricultural  school  has 
b'  en  built  and  equipped  as  provided  for  in  this  act,  and  that 
si  ch  township  or  consolidated  district  is  entitled  to  receive 
tie  state  aid  specified  for  either  class  (a)  or  class  (b),  as 
tl  e  case  may  be  and  as  mentioned  in  section  fourteen  of  this 
a  :t. 

(561)  SEC.  17.     There  is  hereby  appropriated  out  of  the 
n  oneys  in  the  treasury  to  the  credit  of  the  general  fund  not 
o  ;herwise  appropriated,   the  sum  of  five  thousand  dollars 
for  the  fiscal  year  ending  June   thirty,   nineteen   hundred 
e  ghteen,  and  the  sum  of  ten  thousand  dollars  annually  there- 
a  :ter,  or  so  much  thereof  as  may  be  necessary  for  carrying  on 
tie  purposes  of  this  act.    The  annual  amount  which  any  rural 
agricultural  school  may  be  entitled  to  shall  be  paid  in  quar- 
terly installments  to  the  treasurer  of  the  board  of  education 
of  the  district  or  township  in  which  said  rural  agricultural 
school  is  located. 

(562)  SBC.  18.     The  auditor  general  shall  incorporate  in 
the  state  tax  for  the  year  nineteen  hundred  seventeen,  the 
s  am  of  five  thousand  dollars,  and  for  the  year  nineteen  hun- 
dred eighteen  and  each  year  thereafter  the  sum  of  ten  thou- 
sand dollars,  which  sums,  when  collected  shall  be  credited 
to  the  general  fund  to  reimburse  the  same  for  the  moneys 
hereby  appropriated. 

(563)  SEC.  19.     The  auditor  shall  hereafter  send  to  the 
legislature  a  statement  showing  the  number  and  location  of 
mral    agricultural    schools    receiving   state   aid,    the    total 
amount  of  such  state  aid  and  the  number  and  location  of 
rural  agricultural  schools  applying  for  and  not  yet  receiving 
Much  state  aid. 

(564)  SEC.  20.     Rural  school  district  as  used  in  this  act 
uhall  include  any  primary  or  graded  school  district  that  does 
aot  contain  within  its  limits  an  incorporated  village  or  city 
having  a  population  exceeding  one  thousand. 

Added  1010,  Act  81. 


Approval. 


Inspection. 


Copy  of 
notice  sent  to 

auditor 
general. 


Appropria- 
tion. 


Tax  clause. 


Statement  to 
legislature. 


"Rural 
school  dis- 
trict" defined. 


240 


STATE  OF  MICHIGAN. 


Authority  to 
cooperate. 


May  tax. 


County  agri- 
cultural 
agent. 


An  Act  to  promote  the  agricultural  interests  of  the  various  counties 
of  this  state  and  to  repeal  act  number  three  of  the  public  acts  of 
nineteen  hundred  twelve,  second  extra  session,  and  act  number 
sixty-seven  of  the  public  acts  of  nineteen  hundred  thirteen. 

[Act  315,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(565)  SECTION  1.  In  order  to  promote  the  agricultural 
interests  of  the  various  counties  of  this  state  and  to  provide 
for  agricultural  extension  work,  each  county  of  the  state 
through  its  board  of  supervisors  is  hereby  authorized  and 
empowered  to  cooperate  to  said  end  with  the  Michigan  agri- 
cultural college  and  with  any  department  or  bureau  of  the 
United  States  government;  and  may  enter  into  agreements 
with  reference  thereto.  The  board  of  supervisors  in  any 
county  may  appropriate  money,  or  raise  money  by  taxation, 
for  the  purpose  hereof,  and  may  establish  a  farm  bureau  to 
act  as  the  representative  of  the  board  and  of  the  county  in  all 
such  cooperative  work.  Subject  to  the  approval  of  the  state 
board  of  agriculture  or  of  the  proper  representatives  thereof, 
the  board  may  appoint  a  county  agricultural  agent  and 
necessary  assistants,  whose  duty  it  shall  be  to  aid  in  carrying 
out  the  purpose  of  this  act.  The  compensation  and  expenses 
of  any  person  so  employed,  or  such  portion  thereof  as  shall 
under  the  terms  of  any  agreement  between  the  county  and 
the  Michigan  agricultural  college  or  any  department  or 
bureau  of  the  federal  government,  be  payable  by  the  county, 
shall  be  fixed  and  provided  for  by  the  board. 

Sec.  2  repeals  act  number  three  of  the  public  acta  of  nineteen  hundred 
twelve,  second  extra  session,  entitled  "An  act  to  authorise  the  board  of  super- 
visors of  each  county  to  appropriate  or  raise  money  by  tax  for  the  encourage- 
ment of  improved  methods  of  farm  management  and  practical  instruction  and 
demonstration  in  agriculture,"  and  act  number  sixty-seven  of  the  public  acts 
of  nineteen  hundred  thirteen,  entitled  "An  act  to  authorize  and  regulate  a 
county  agricultural  department." 

Sec.  3  declares  this  act  to  be  immediately  necessary  for  the  public  peace, 
health  and  safety. 


Legislative 
assent  given. 


An  Act  giving  the  assent  of  the  legislature  of  the  state  of  Michigan  to 
the  grant  of  moneys  from  the  United  States  by  act  of  congress 
approved  May  eight,  nineteen  hundred  fourteen,  entitled  "An  act  to 
provide  for  co-operative  agricultural  extension  work  between  the 
agricultural  colleges  in  the  several  states  receiving  the  benefits  of 
an  act  of  congress  approved  July  two,  eighteen  hundred  sixty-two, 
and  of  acts  supplementary  thereto,  and  the  United  States  depart- 
ment of  agriculture,"  and  designating  the  officer  to  whom  the  pay- 
ments are  to  be  made. 

[Act  65.  P.  A.  1915.] 

The  People  of  the  State  of  Michigan  enact: 

(566)     §  1272.     SECTION  1.    Th«  legislative  assent  required 
^  section  three  of  an  act  of  congress,  approved  May  eight, 


, 


GENERAL  SCHOOL  LAWS. 


241 


leteen  hundred  fourteen,  being  an  act  entitled  "An  act  to 
pi  Dvide  for  co-operative  agricultural  extension  work  between 
tl  3  agricultural  colleges  in  the  several  states  receiving  the 
b«  aefits  of  an  act  of  congress  approved  July  1\\<».  eighteen 
h>  ndred  sixty-two,  and  of  acts  supplementary  thereto,  and 
11  e  United  States  department  of  agriculture,"  is  hereby 
gi  anted,  and  the  moneys  thereby  given  are  accepted  under  the 
ti  rms  and  conditions  expressed  in  the  act  of  congress  afore- 
s,'  id.  • 

(567)  §  1273.  SEC.  2.  The  moneys  derived  by  authority  Moneys, 
o  said  act  shall  be  exclusively  used  in  support  of  co-ope  r.-itive 
a  .ricultural  extension  work,  to  be  carried  on  by  Michigan 
a  ;ricultural  college,  and  the  secretary  of  the  state  board  of 
a  ;riculture  is  hereby  designated  as  the  officer  to  whom  such 
f  nds  should  be  paid. 


how  used. 


To   whom 
paid. 


A  i  Act  to  accept  the  requirements  and  benefits  of  an  act  of  the  sixty- 
fourth  congress  of  the  United  States,  approved  February  tweuty- 
three,  nineteen  hundred  seventeen,  known  as  the  Smith-Hughes  act, 
or  public  act  number  three  hundred  forty-seven,  relating  to  appropria- 
tions to  be  made  by  the  federal  government  to  the  several  states  for 
the  support  and  control  of  instruction  in  agriculture,  the  trades, 
industries,  and  home  economics,  and  for  the  preparation  of  teachers 
of  vocational  subjects ;  to  designate  a  state  board  of  control  for  voca- 
tional education ;  to  provide  for  the  proper  custody  and  administra- 
tion of  funds  received  by  the  state  from  such  appropriations;  and 
I  to  provide  for  appropriations  by  the  state  and  by  local  school  author- 
iti»->  to  meet  the  conditions  of  said  act  of  congress. 


Thr 


[Act  149,  P.  A.  1919.] 

of  the  State  of  Michigan  enact: 


I 


i.">(;8)     SECTION  1.    The  provisions  of  an  act  of  congress   provisions 
enacted  by  the  sixty-fourth  congress  in  the  second  session    f 
thereof  known  as   public  act  number  three  hundred  forty 
M'ven,  entitled  "An  act  to  provide  for  the  promotion  of  v< 
tional  education;  to  provide  for  co-operation  with  the  states 
in  the  promotion  of  such  education  in  agriculture  and  the 
trades  and  industries;  to  provide  for  co-operation  with  the 
s-tati's  in  the  preparation  of  teachers  of  vocational  subject >. 

ml  to  appropriate  money  and  regulate  its  expenditure,"  an 

lerehy  accepted  by  the  state  of  Michigan  as  follows: 
(a)"     Appropriations  for  the  salaries  of  teachers,  super- 

ism-s  ;md  directors  of  agricultural  subjects; 

(b)  Appropriations  for  the  salaries  of  teachers  of  trade, 
•nine  economics,  and  industrial  subj<-< 

(c)  Appropriations   for   the    preparation    of   teachers   of 
igrieultnral.  trade,  industrial  and  home  economics  subjects. 

i ."»('»!» i      SKI-.  -.     The  benefits  of  all  funds  appropriated  by 
the  federal  government  under  the  provisions  of  said  act  are 
reby  accepted  as  provided  iii  said  act,  and  provision  is 


Items. 


Benefits,    etc.. 

accepft-.i 


242 


STATE  OF  MICHIGAN. 


Executive 
officer. 


Expenses. 


Custody  of 
funds. 


herein  made  under  which  the  state  of  Michigan  will  meet 
such  appropriations  and  provisions. 

cheated  (570)     SEC.  3.     The  superintendent  of  public  instruction, 

the  president  of  the  state  board  of  education,  the  president  of 
the  university  of  Michigan,  and  the  president  of  the  Michigan 
agricultural  college  are  hereby  constituted  as  the  state  board 
of  control  for  vocational  education  as  provided  in  the  afore- 
said act.  The  state  superintendent  of  public  instruction  shall 
be  the  executive  officer  of  the  state  board  of  control,  and  he 
shall,  with  the  approval  of  said  board,  provide  for  the  admin- 
istration of  the  provisions  of  this  act.  Said  board  is  charged 
with  the  duty  and  responsibility  of  co-operating  with  the 
federal  board  for  vocational  education  in  the  administration 
of  such  act,  and  is  given  all  power  necessary  to  such  co-opera- 
tion. The  state  board  of  control  for  vocational  education  is 
hereby  authorized  to  incur  such  expenditures  for  office  admin- 
istration, traveling  and  other  incidental  expenses  as  it  may 
deem  necessary  to  the  proper  administration  of  the  funds 
allotted  to  the  state  of  Michigan  under  the  provisions  of 
said  act. 

(571)  SEC.  4.     The  state  treasurer  is  hereby  appointed  as 
custodian  of  all  funds  for  vocational  education  as  provided 
in  said  act  and  in  this  act,  and  is  charged  with  the  duty  and 
responsibility  of  receiving  and  providing  for  the  proper  cus- 
tody, and  for  the  proper  disbursements  of  such  moneys  on 
requisition  of  the  said  board  of  control  for  vocational  educa- 
tion.    The  state  treasurer  as  custodian  of  such  funds  for 
vocational  education  shall  make  an   annual  report  to  the 
governor  and  the  legislature  concerning  the  receipts   and 
disbursements  of  such  moneys  received  by  him  under  the 
provisions  of  said  act  and  of  this  act. 

(572)  SEC.  5.     The  board  of  education  or  board  of  con- 
trol of  any  approved  public  school,  department,  part  time  or 
evening  class  giving  instruction  in  agricultural,  industrial  or 
home  economics  subjects,  which  receive  the  benefit  of  federal 
and  state  moneys  as  herein  provided,  shall  provide  suitable 
buildings  and  equipment  in  order  to  give  such  instruction; 
and  shall  also  appropriate  for  the  salaries  of  instructors  a 
sum  of  money  sufficient  to  cover  the  expense  for  instruction 
during  the  year.    At  the  end  of  the  fiscal  year  the  state  board 
of  control  for  vocational  education  shall  apportion  to  the 
several  boards  of  education,  or  boards  of  control  of  schools 
maintaining  approved  departments  for  vocational  education 
as  herein  described,  the  state  and  federal  funds  by  way  of 
reimbursements  for  expenditures  for  instruction,  giving  to 
each  school  its  proportionate  share :    Provided,  That  no  school 
shall  receive  a  larger  amount  than  three-fourths  of  the  sum 
which  has  been  expended  for  the  particular  type  of  education 
for  which  it  received  state  and  federal  funds.    The  institu- 
tions authorized  to  give  training  for  vocational  teachers  shall 
provide  suitable  rooms  and  equipment,  and  appropriate  suffl- 


Report  of 

state 

treasurer. 


Buildings  and 
equipment. 


Expense  for 
instruction. 

Apportion- 
ment of 
funds. 


Proviso, 

maximum. 


Institutions 
to  provide 
rooms,  etc. 


GENERAL  SCHOOL  LAWS. 


243 


Amount 
state  to  pay. 


Rules  and 
regulations. 


Disburse- 
ments annual. 

Annual 
report. 


ci<  at  funds  to  pay  instructors  and  supervisors  during  the 
ye  .r,  and  at  the  end  of  the  year  such  institutions  shall  be 
reimbursed  from  federal  and  state  funds,  equally.  There  is 
he  -eby  authorized  to  be  appropriated  and  paid  from  the  state 
tr<  asury  to  the  several  schools  giving  vocational  instruction 
UD  ler  the  provisions  of  this  act,  and  for  their  supervision,  a 
sii  n  of  money  equal  to  one-half  the  federal  allotment;  and 
th  -re  is  hereby  further  authorized  to  be  apportioned  and  paid 
fr<  m  the  state  treasury  to  the  several  institutions  engaged 
in  the  training  of  teachers  of  vocational  subjects  a  sum  equal 
to  the  allotment  of  federal  moneys  as  provided  in  said  act. 

(573)  SEC.  6.     The  state  board  of  control  for  vocational 
education  shall  formulate  such-rules  and  regulations  as  may 
be  necessary  for  the  development  and  operation  of  such  voca- 
ti  »nal  schools,  and  for  the  training  of  teachers  as  are  pro- 
vi  led  for  in  said  act,  subject  to  the  approval  of  the  federal 
b<  a rd  of  control.     All  disbursements  of  state  and  federal 
m  mey  under  the  provisions  of  this  act  shall  be  made  annu- 
al ly  on  or  before  the  tenth  day  of  July  in  each  year.     The 
b<  ard  of  education  or  board  of  control  of  any  school  where 
v<  cational  instruction  is  given  under  the  provisions  of  this 
a<t;  also  boards  of  control  of  institutions  giving  vocational 
teacher  training,  as  herein  provided,  shall  make  an  annual 
re  port  to  the  state  superintendent  of  public  instruction  at 
si.ch  time  and  in  such  form  as  he  may  require. 

(574)  SEC.  7.     The  state  board  of  control  for  vocational 
education  shall  provide  for  the  proper  inspection  of  the  work 
ii   the  schools  and  institutions  which  operate  under  the  pro- 
v:sions  of  this  act.    And  upon  the  approval  of  the  work  done 
a  id  the  receipt  of  satisfactory  reports  from  each  school  or 
ii  stitution,  the  said  state  superintendent  of  public  instruc- 
tion shall  certify  to  the  auditor  general  the  amount  of  such 
svate  and  federal  moneys  due  to  each  board  of  education,  or 
b)ard  of  control  of  any  school  maintaining  a  vocational  school 
or  department,  and  to  the  board  of  control  of  each  institution 
ei gaged  in  the  training  of  teachers  of  vocational  subjects 
according  to  the  provisions  of  this  act.    The  auditor  general 
R-iall,  upon  such  certificate  of  the  superintendent  of  public 
instruction,  draw  his  warrant  upon  the  state  treasurer  for 
the  amount  of  said  moneys  due  to  each  school  district  or 
institution  and  payable  to  the  treasurer  of  such  board  of 
education  or  of  the  bonrd  of  control  of  such  institution,  and 
the  said  amounts  shall  l»e  forwarded  to  said  treasurers. 

(575)  SEC.  8.     It  shall  be  the  duty  of  the  state  board  of 
control  for  vocational  education  to  estimate  the  amount  of 
inoney  which  should  be  appropriated   by  the  state  to  meet 
federal  allotments  during  each   succeeding  biennial  period, 
rnd  when  the  state  board  of  control  shall  have  estimated  the 
iimonnt  of  money  necessary  to  meet  the  federal  appropria- 
tions, they  shall  report  said  estimate  to  the  auditor  general 
who  shall  include  the  said  amount  of  money  in  the  state  tax 
levy  for  each  year  as  reported  to  the  state  legislature. 


Inspection 
of  work. 


Certification 
of  amounts 
due. 


How  paid. 


Estimate 
furnished 
auditor 
general. 


244 


STATE  OF  MICHIGAN. 


Annual  ex- 
amination  of 
records,   etc. 


Annual  re- 
port to  gov- 
ernor, etc. 


(576)  SEC.  9.     At  the  close  of  each  fiscal  year  the  state 
board  of  control  for  vocational  education  shall  examine  the 
records  and  reports  from  all  schools  giving  vocational  instruc- 
tion, and  from  institutions  engaged  in  the  training  of  voca- 
tional teachers;  and  shall  apportion  funds  from  the  federal 
government  and  from  the  state  treasury  in  accordance  with 
plans  approved  by  the  federal  board  of  control,  and  in  accord- 
ance with  the  provisions  of  this  act,  and  of  the  said  federal 
act. 

(577)  SEC.  10.     The  state  board  of  control  for  vocational 
education  shall  make  an  annual  report  to  the  governor  and 
to  the  legislature  in  regard  to  the  administration  of  this  act, 
and  of  the  federal  act  herein  mentioned,  and  said  report  shall 
contain   an   explicit   statement   of   the   expenditures   of   all 
moneys,  both  federal  and  state,  for  the  purposes  mentioned  in 
this  act. 


act. 


Sec.  11  repeals  all  acts  and  parts  of  acts  contravening  the  provisions  of  this 

*. 


Part-time 


Sessions  of. 


Who  to 

attend. 


VOCATIONAL,  ETC.,  EDUCATION  FOR  CERTAIN 
MINORS. 

An,  Act  to  provide  for  the  vocational  and  general  education  of  employed 
and  other  minors  under  eighteen  years  of  age  who  have  ceased  to 
attend  all-day  schools. 

[Act  421,  P.  A.  1919.] 

,          The  People  of  the  State  of  Michigan  enact: 

(578)  SECTION  1.  On  and  after  the  first  day  of  Septem- 
ber, nineteen  hundred  twenty,  every  school  district  having  a 
population  of  five  thousand  or  more  and  containing  fifty  or 
more  children  subject  to  the  provisions  of  this  act,  shall,  and 
any  other  school  district  may,  through  its  board  of  education, 
establish  and  maintain  part-time  vocational  or  general  con- 
tinuation schools  or  course  of  instruction  for  the  education 
of  minors  under  eighteen  years'  of  age  who  have  ceased  to 
attend  all-day  schools.  Said  schools  or  courses  of  instruc- 
tion shall  be  in  session  at  least  as  many  weeks  in  each  year 
as  the  common  schools  of  such  district.  When  a  school  dis- 
trict shall  have  established  said  schools  or  courses  it  shall 
require  the  attendance  thereat  of  every  minor  under  eighteen 
years  of  age  residing  within  the  confines  of  said  school  dis- 
trict, who  has  ceased  to  attend  all-day  school  and  who  has 
not  completed  a  four-year  high  school  course  or  its  equivalent, 
provided  that  said  minors  may  be  excused  from  the  pro- 
visions of  this  section,  for  the  same  reasons  and  under  the 
same  conditions  as  children  under  fifteen  years  of  age  may 
now  be  excused  from  the  provisions  of  the  compulsory  educa- 


GENERAL  SCHOOL  LAWS. 


245 


tio  i  law:  Provided  further,  That  the  provisions  of  this  act 
sh;  11  not  apply  to  employed  minors  who  shall  have  reached 
th«  age  of  sixteen  years  prior  to  Sept  mil  MM-  one,  nineteen 
hn  idred  twenty.  The  required  attendance  provided  for  in 
thi  4  act  shall  be  at  the  rate  of  not  less  than  eight  hours  per 
we  ;k,  and  shall  be  between  the  hours  of  eight  o'clock  in  the 
m<  rning  and  five-thirty  o'clock  in  the  afternoon  of  any  work- 
in  day  or  days,  except  that  it  shall  not  he  Satin-day  after- 
no  »n.  In  the  establishment  and  conduct  of  such  part-time 
vo  ational  and  general  continuation  schools  or  courses  of 
in  traction,  any  school  district  may  take  advantage  of  estab- 
lif-  led  educational  agencies  or  utilize  any  suitable  quarters 
w  ich  meet  the  approval  of  the  state  board  of  control  for 
vo  :ational  education:  Provided,  however.  That  said  schools 
or  courses  shall  be  within  reasonable  access  to  the  place  of 
en  ployment  and,  wherever  established,  shall  be  considered  a 
pj  rt  of  the  public  school  system  of  the  district  wherein  the 
m  nors  attending  the  same  are  employed.  The  time  spent  in 
a  part-time  vocational  or  general  continuation  school  or 
cc  irse  by  a  minor  shall  be  reckoned  as  a  part  of  the  time  or 
m  mber  of  hours  said  minor  is  permitted  by  law  to  work. 

(579)  SEC.  2.     Minors    sixteen   and   seventeen   years    of 
a$  e,  leaving  regular  day  schools  to  enter  employment,  and  the 
ei  iployers  of  such  minors  shall  be  subject  to  the  same  require- 
in  ints  as  to  permits  to  work  as  are  provided  by  law  for  chil- 
dien  under  sixteen  years  of  age  and  their  employers:    Pro- 
vi  led,  That  permits  for  minors  sixteen  years  of  age  and  over 
si  all  not  certify  that  the  wages  of  the  minor  are  essential  to 
tie  support  of  the  family. 

(580)  SEC.  3.     The  employer  of  any  minor  under  eighteen 
years  of  age,  who  is  required  to  attend  part-time  vocational 
or  general  continuation  school  or  courses  of  instruction  as 
defined  in  this  act,  shall  cease  forthwith  to  employ   such 
n  inor  when   notified   in   writing  by  the  superintendent   of 
schools,   or  his  representative  duly  authorized   in  writing, 
hiving  jurisdiction  over  such  minor's  attendance,  of  his  non- 
a:tendance  in  accordance  with  the  regulations  as  defined  in 
this  act.     Any  employer  who  fails  to  comply  with  the  pro 
v  sions  of  this  act  shall  be  punished  by  a  tine' of  not  less  than 
ton  or  more  than  one  hundred  dollars  for  each  offense.    The 
s  iperintendent  of  schools   having  jurisdiction,   or  a   p«-i-<nn 
authorized  by  him  in  writing,  may  revoke  the  employment 

erinit  of  any  minor  who  fails  to  attend  such  school  or  COUrsee 
f  instruction  when  required  by  the  provisions  of  this  act. 


Proviso, 
employ**! 

minors. 


Quartern,  etc. 


Proviso,  ac- 
cessibility. 


Work 
permits. 


Proviso. 


When  em- 
ployer notified 

to  rpaso  em- 
ploying 
tnin   minors. 


IViuili.v. 


May 

work    pormil. 


246 


STATE  OF  MICHIGAN. 


Day    schools 
for  deaf, 
when  estab- 
lished, etc. 


Report  to 
superintend- 
ent of  public 
Instruction. 


Annual 
budget. 


State  treas- 
urer to  reim- 
burse district. 


Proviso,  as  to 
amount. 


Proviso,  as  to 
title. 


DAY  SCHOOLS  FOE  THE  DEAF. 

An  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded 
schools  and  boards  of  education  in  cities  to  establish  and  maintain 
day  schools  for  the  deaf,  and  authorizing  payment  therefor  from  the 
general  fund,  and  repealing  act  number  one  hundred  seventy-six  of 
the  public  acts  of  eighteen  hundred  ninety-nine  and  all  other  acts  or 
parts  of  acts  conflicting  with  the  provisions  of  this  act. 

[Act  224,  P.  A.  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(581)  §  5963.     SECTION  1.     That  upon  application  by  a 
school  district  board,  board  of  trustees  of  a  graded  school, 
or  board  of  education  of  any  city  of  this  state  to  the  super- 
intendent of  public  instruction,  he  shall  grant  permission  to 
such  board  to  establish  and  maintain,  and  such  board  shall 
thereupon  be  empowered  to  maintain  within  the  limits  of  its 
jurisdiction   one   or   more   day   schools   having   an   average 
attendance  of  not  less  than  three  pupils,  for  the  instruction 
of  deaf  persons  over  the  age  of  three  years,  whose  parents  or 
guardians  in  the  case  of  orphans  are  residents  of  the  state  of 
Michigan. 

(582)  §  5964.     SEC.  2.    Any  board  which  shall  maintain 
one  or  more  day  schools  for  the  instruction  of  the  deaf  shall 
report  to  the  superintendent  of  public  instruction  annually, 
and  at  such  other  times  as  he  may  direct,  such  facts  concern- 
ing the  school  or  schools  as  he  may  require. 

(583)  §  5965.     SEC.  3.    The  board  of  education   of  the 
city  or  district  where  a  day  school  for  the  deaf  is  established 
shall  include  in  its  annual  budget  a  sufficient  sum  to  maintain 
said  school  and  out  of  said  sum  shall  pay  said  teachers 
monthly.    To  reimburse  said  city  or  district  for  such  expendi- 
ture the  state  treasurer  is  hereby  authorized  to  pay  to  the 
treasurer  of  the  proper  school  district,  out  of  the  general  fund, 
on  or  before  July  twenty  in  each  year,  upon  the  warrant  of 
the  auditor  general,  the  actual  expense  incurred  for  teachers' 
salaries  and  purchase  of  necessary  school  appliances  by  any 
school  district  in  support  of  a  day  school  for  the  deaf,  which 
shall  have  been  conducted  in  accordance  with  this  act  during 
nine  months  of  the  school  year,  as  shown  by  vouchers  filed 
with  the  auditor  general  and  certified  to  be  correct  by  the 
superintendent  of  public  instruction:     Provided,  That  the 
total  amount  paid  on  account  of  any  one  school  district  or 
city  shall  not  exceed  one  hundred  fifty  dollars  for  each  deaf 
pupil  instructed  in  any  such  school  during  the  school  year, 
and  a  part  of  such  sum  proportionate  to  the  time  of  instruc- 
tion of  any  such  pupil  so  instructed  less  than  nine  months 
during  each  year:    And  be  it  further  provided,  That  the  title 
for  all  school  appliances  purchased  shall  vest  in  the  state 


GENERAL  SCHOOL  LAWS. 


247 


i. 

i 


an  I  inventory  thereof  filed  with  the  superintendent  of  public 
in  -truction  July  first  of  each  year. 

(584)  §  5966.     SEC.  4.     The  district  board  or  board  of 
education  shall  cause  to  be  executed  monthly,  vouchers  in 
tr  plicate  upon  forms  prepared  and  furnished  by  the  auditor 
g(  aeral  so  as  to  show  the  rate  of  salary  paid  to  instructors 
of  the  deaf  and  the  time  covered  by  such  payment,  also 
v<  uchers  in  triplicate  upon  forms  prepared  and  furnished  by 
tli  *  auditor  general,  showing  the  school  appliances  purchased 
ai  d  price  for  each  article  or  series  of  articles.    The  treasurer 
ol  said  school  district  is  required  to  forward  two  copies  of 
tl  ese  receipted  vouchers  to   the  superintendent  of  public 
ii  struction  within  the  first  five  days  of  the  month  succeeding 
tl  e  month  covered  by  the  payment.    On  or  before  the  fifteenth 
0.1  each  month  the  superintendent  of  public  instruction  shall 
p  -esent  one  set  thereof  to  the  auditor  general  authorizing 
h  m  to  pay  to  the  treasurer  of  the  proper  school  district  the 
a  aount  covered  by  the  certified  vouchers  presented. 

(585)  §  5967.     SEC.  5.  All  teachers  in  such  schools  shall 
b !  appointed  and  employed  as  other  public  school  teachers 
a  *e  appointed  and  employed.    All  persons  appointed  to  teach 
ii .  any  such  school  shall  have  had  special  training  for  teach- 
ii  .g,  and  shall  be  graduates  of  a  training  school  for  teachers 
o?  the  deaf  by  the  "oral"  method,  and  shall  also  have  had 
s  >ecial  training  in  the  teaching  of  the  deaf,  including  at 
Last  one  year's  experience  as  a  teacher  in  a  school  for  the 
deaf.     The  so-called  "oral"  system  shall  be  taught  by  such 
tiachers,  and  if  after  a  fair  trial  of  nine  months,  any  of  such 
children  shall  for  any  reason  be  unable  to  learn  such  oral 
method,  then  no  further  expense  shall  be  incurred  in  the 
effort  to  teach  such  child,  so  unable  to  learn  such  oral  method, 
i  i  such  primary  schools. 

(586)  §  5968.     SEC.  6.     For  the  purpose  of  this  act,  any 
erson  of  sound  mind,  who,  by  reason  of  defective  hearing, 
annot  profitably  be  educated  in  the  public  schools,  as  other 

children  are,  shall  be  considered  deaf. 

Sec.  7  repeals  Act  176,  1899. 


I 


Vouchers, 
what  to 
•how,  etc. 


To  be  for- 
warded to 
superintend- 
ent of  public 
Instruction. 


Employment 
of  teachers, 
etc. 


"Oral" 
system  to  be 
taught. 


Deaf,  who 
considered. 


PAYMENT  OF  SUBCONTRACTORS. 

n  Act  to  insure  the  payment  of  subcontractors  and  wages  earned 
and  material  used  in  constructing,  repairing  or  ornamenting  public 
buildings  and  public  works. 

[Act  187.  P.  A.  1905.] 

The  People  of  the  State  of  Michigan  enact: 


(587)     §  14827.     SECTION  1.    When    public    buildings   or  Bond  required 
other  public  works  are  about  to  be  built,  repaired  or  orna-  Jj 
mented  under  contract  at  the  expense  of  the  state,  or  of  any  tractors 


248 


STATE  OF  MICHIGAN. 


county,  city,  village,  township  or  school  district  thereof,  it 
shall  be  the  duty  of  the  board  of  officers  or  agents,  contract- 
ing on  behalf  of  the  state,  county,  city,  village,  township  or 
school  district,  to  require  sufficient  security  by  bond  for  the 
payment  by  the  contractor  of  all  subcontractors  and  for  the 
payment  for  all  labor  performed  and  materials  furnished  in 
the  erection,  repairing  or  ornamenting  of  such  building  or 
works. 


Subcontract- 
ors to  give 
written 
notice. 


When  en- 
titled to 
benefit  of 
security,   etc. 


People  v.  Traves,  188  /  347,  416 ;  People  v.  Connell,  195  /  77. 

(588)  §  14828.     SEC.  2.     In  the  case  of  a  subcontractor, 
he  shall  give  notice  in  writing  before  payment  is  made  for 
the  work  or  materials  furnished  by  him  to  the  said  board  of 
officers  or  agents,  that  he  is  a  subcontractor  for  the  doing  of 
some  part  of  such  work  which  he  shall  specify  in  his  notice 
and  that  he  relies  upon  the  security  of  the  bond  by  this  act 
required  to  be  given  by  the  principal  contractor,  and  that  in 
the  case  of  the  giving  of  such  notice  to  the  said  board  of 
officers  or  agents  said  subcontractor  shall  also  notify  the 
principal  contractor  that  he  has  done  so,  and  whenever  this 
shall  have  been  done,  the  said  subcontractor  shall  be  entitled, 
subject  to  the  rights  of  the  persons  with  whom  he  has  con- 
tracted for  labor  and  materials,  to  the  benefit  of  the  security 
given  by  the  principal  contractor,  and  to  be  subrogated  to 
the  liens  of  the  persons  who  have  performed  labor  or  fur- 
nished materials  for  such  building,  repairs  or  ornamentation, 
whom  he  shall  have  actually  paid,  but  the  subcontractor  and 
the  persons  who  shall  have  performed  labor  or  furnished 
materials  to  him  shall  not  in  the  aggregate  be  entitled  to 
receive  larger  sums  than  may  be  required  from  the  principal 
contractor  under  his  contract  with  the  subcontractor,  nor 
shall  this  act  be  construed  to  change  in  any  way  the  contract 
which  may  have  been  made  between  the  principal  contractor 
and   the   subcontractor,    except   when   such   contract    shall 
attempt  to  relieve  the  principal  contractor  as  against  the 
demands  of  those  performing  labor  or  furnishing  materials 
to  the  subcontractor. 

People  v.  Traves,  188  /  423. 

One  who  takes  a  contract  under  the  original  contract,  and  is  to  perform  in 
accordance  with  the  original  contract,  is  a  subcontractor,  and,  in  order  to 
recover  under  the  statutory  bond,  he  must  comply  with  the  statute  in  giving  the 
proper  notice. — People  v.  Valley  Mantel  &  Tile  Co.,  200  /  554. 

(589)  §  14829.     SEC.  3.     Such  bond  shall  be  executed  by 
such  contractor  to  the  people  of  the  state  of  Michigan  in  such 

ties,  by  whom  amount  and  with   such   sureties   as   shall  be  approved   by 


Bond,  to 
whom  exe- 
cuted, sure- 


ipproved,  etc. 


the  board  of  officers  or  agents  acting  on  behalf  of  the  state, 
county,  city,  village,  township,  or  school  district  as  afore- 
said, and  shall  be  conditioned  for  the  payment  by  such  con- 
tractor to  any  subcontractor  or  by  any  such  contractor  or 
subcontractor  as  the  same  may  become  due  and  payable  of 
all  indebtedness  which  may  arise  from  said  contractor  to  a 


'j  SCHOOL  LAWS. 


249 


sul  contractor  or  party  pei  forming  labor  or  furnishing  mate- 
ria  s,  or  any  subcontractor  to  any  person,  firm  or  corporation 
on  account  of  any  labor  performed  or  materials  furnished  in 
th<  erection,  repairing  or  ornamentation  of  such  building, 
ini  »rovement  or  works:  Provided,  however,  That  the  prin- 
cij  il  contractor  shall  not  be  required  to  make  any  payment 
to  a  subcontractor  of  sums  due  from  the  subcontractor  to 
pa  ties  performing  labor  or  furnishing  materials,  except  upon 
th<  receipt  or  the  written  orders  of  such  parties  to  pay  the 
sn  is  due  to  them  to  subcontractors.  Such  bond  shall  be 
do  tosited  with  and  held  by  such  board  of  officers  or  agents 
fo  the  use  of  any  party  interested  therein. 

!•  jretles  on  a  bond  given  for  the  benefit  of  laborers  and  materialmen  cannot 
avr  d  liability  by  showing  a  failure  of  the  municipal  authorities  to  approve  th«- 
I,,,!  i. — People  v.  Carroll,  151  /  233.  People  v.  Traves,  188  /  416. 

590)     §  14830.     SEC.  4.     Such  bond  may  be  prosecuted   f0e^evehrjfl 
ail  1  a  recovery  had  by  any  person,  firm  or  corporation  to   on  bond.' 
wl  om  any  money  shall  be  due  and  payable  on  account  of 
ha  ring  performed  any  labor  or  furnished  any  materials  in  the 
er  Action,  repairing  or  ornamentation  of  any  such  building  or 
w<  rks,  in  the  name  of  the  people  of  this  state  for  the  use 
and  benefit  of  such  person,  firm  or  corporation:    Provided,   I'mviso. 
lu  vvever,  That  in  the  case  of  a  suit  for  the  benefit  of  a  sub- 
co  i  tractor,  he  shall  be  required  to  allege  and  prove  that  he 
has  paid  to  all  parties  entitled  thereto  the  full  sums  due  to 
th>m  for  labor  or  materials  contracted  for  by  him:     And   Further 
provided  further,  That  in.no  case  brought  under  the  provi- 
sions of  this  act  shall  the  people  of  this  state  be  liable  for 
co  *ts. 


'eople  v.  Traves,  188/426. 


CITIES  OF  FOURTH  CLASS. 

Act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class. 
[Extract  from  Act  215,  P.  A.  1895,  Chap.  XXXII.] 


district. 


ir»!)l)  §3262.  SE<TI<>\  1.  Each  city  incorporated  under 
tli  is  act  shall  constitute  a  single  school  district.  Such  school 
district  shall  be  a  body  corporate,  by  the  name  and  style  of 

t\  e  "public  schools  of  the  city  of "  (naming  the 

city)  and  shall  possess  the  usual  powers  of  corporations  for  Powers  of 
p  ii)lic  purposes;  and  in  that  name  may  sue  and  be  sued,  and 
purchase,  acquire,  hold  and  dispose  of  such  mil  and  personal 
p  'operty  as  is  authorized  to  be  purchased,  acquired  or  dis- 
posed of  by  this  chapter:  Provided,  That  if  in  any  village 
r< 'incorporated  as  a  city  or  any  city  reincorporated  under  and 
ttade  subject  to  the  provisions  of  this  act,  there  shall  be  a 
school  district  extending  beyond  the  city  limits,  or  having 
a  special  charter,  then  such  school  district  not  to  be  governed 


school 


Proviso, 
reincorpor 
atod   citios 
and  villages. 


I 


250 


STATE  OF  MICHIGAN. 


Proviso, 

special 

charter. 


by  the  provisions  of  this  chapter,  but  all  the  laws  and  regu- 
lations now  governing  such  district  shall  remain  in  full  force 
and  effect  the  same  as  if  such  city  or  village  had  not  been 
reincorporated :  Provided,  That  in  school  districts  extending 
beyond  the  city  limits  or  having  a  special  charter,  the  secre- 
tary of  such  school  district  shall  certify  to  the  various  super- 
visors of  said  city  and  townships  the  proportionate  amount 
of  school  taxes  to  be  assessed  against  property  in  the  various 
wards  and  townships,  according  to  the  assessed  valuation 
thereof,  and  the  same  shall  be  levied,  collected  and  returned 
in  the  same  manner  as  is  provided  for  the  levy,  collection  and 
return  of  school  taxes  in  the  remainder  of  said  district  lying 
without  the  limits  of  said  city. 

Am.  1919,  Act  68. 

Act  279  of  1909,  sec.  4,  as  amended,  (§  3307,  C.  L.  1915)  known  as  the  "Home 
Rule"  act,  in  paragraph  (f),  providing  "for  the  establishment  of  any  depart- 
ment" deemed  "necessary  for  the  general  welfare  of  the  city,"  expressly  excepts 
"public  schools." 

A  municipal  corporation  may  receive  and  hold  personal  property  in  trust  for 
educational  purposes. — Hatheway  v.  Sackett,  32  /  97.  Also  for  library  pur- 
poses.— Maynard  v.  Woodard,  36  /  423. 

Exercise  of  the  veto  power  by  the  president  of  the  Bay  City  school  board. — 
Llchtig  v.  Saginaw  Circuit  Judge,  180  /  667. 

(592)  §  3263.     SEC.  2.     The  board  of  education  of  such 
public  schools  shall  consist  of  six  trustees,  who  shall  be  quali- 
fied electors  of  the  school  district,  and  the  regular  annual 
election  of  school  trustees  shall  be  held  on  the  second  Monday 
of  July  of  each  year.     At  the  first  election  held  under  this 
act  two  trustees  shall  be  elected  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years 
from  the  second  Monday  of  July  of  such  year,  and  the  term 
for  which  each  trustee  is  elected  shall  be  designated  on  the 
ballot  cast  for  him.    Annually  thereafter  two  trustees  shall 
be  elected  for  a  term  of  three  years  from  and  after  the  second 
Monday  of  July  of  the  year  when  elected  and  until  their  suc- 
cessors are  qualified  and  enter  upon  the  duties  of  their  offices. 

(593)  §  3264.     SEC.  3.     Such  annual  election  of  school 
trustees  as  above  provided  shall  be  held  at  such  places,  not 
exceeding  five,  in  each  city  as  the  board  of  education  shall 
designate.    In  the  designation  of  such  places  it  shall  be  the 
duty  of  said  board  to  choose  places  most  convenient  for  the 
accommodation  of  the  voters :    Provided,  That  there  shall  be 
not  more  than  one  polling  place  in  any  one  ward.    The  polls 
shall  be  open  at  nine  o'clock  in  the  forenoon  and  shall  con- 
tinue open,  without  intermission  or  adjournment,  until  the 
hour  of  eight  o'clock  in  the  afternoon,  at  which  time  they 
shall  be  finally  closed.    Said  election  shall  be  by  ballot  and, 
except  as  herein  otherwise  directed,  shall  be  conducted  in  all 
respects,  including  the  manner  of  selecting  candidates,  the 
placing  of  names  of  candidates  upon  the  ballots,  the  printing 
of  the  ballots,  erection  of  booths,  etc.,  in  the  manner  and 
in  conformity  with  the  provisions  of  law  governing  in  the 


Board  of 
education,  of 
whom  to 
consist. 


Annual 
election. 


Term  of 
office. 


School 
trustees, 
election  of. 


Proviso, 
polls. 


Election, 
how  con- 
ducted, etc. 


I 


GENERAL  SCHOOL  LAWS. 


251 


case  of  annual  township  elections.  All  the  penalties  of  the 
gei  eral  election  law  relative  to  neglect  of  duty  or  violation 
of  ;he  terms  of  this  act  shall  be  applicable.  The  members  of 
th<  said  school  board  shall  be  governed  by  the  same  restric- 
tio  is  and  shall  perform  similar  duties  to  those  prescribed 
foi  the  township  board  at  annual  township  meetings.  Notice 
of  the  time  and  places  of  holding  such  elections  shall  be 
ghen  by  the  secretary  of  the  board  not  less  than  fifteen 
da  's  before  the  said  election  by  placing  such  notices  in 
thiee  of  the  most  public  places  in  each  ward  of  the  city, 
an  1  by  publishing  a  copy  thereof  in  one  or  more  newspapers 
published  in  the  city  for  the  same  length  of  time  before 
th •!  election.  On  or  before  the  twentieth  day  of  June  in  each 
ye  ir  the  board  of  education  shall  appoint  three  election  com 
m  ssioners.  All  nominations  for  the  office  of  trustee  shall  be 
m  de  by  petition  signed  by  at  least  twenty-five  qualified 
el<  ctors  of  said  district.  All  nomination  petitions  shall  be 
fil  jd  by  the  respective  candidates  with  said  election  commis- 
si«  ners  at  least  five  days  before  the  election.  The  said  elec- 
ti<  n  commissioners  shall,  after  the  time  during  which  nomi- 
m  tion  petitions  may  be  filed  has  elapsed,  proceed  to  deter- 
m  ne  by  lot  the  place  which  each  candidate  shall  have  upon 
the  official  ballot;  and  thereupon  said  commissioners  shall 
cause  to  be  printed  ballots  in  the  same  manner  and  form  as 
near  as  may  be  as  now  used  in  the  election  of  city  officers. 
They  shall  deliver  said  ballots  when  printed  to  the  secretary 
of  the  board  of  education  the  day  preceding  the  day  of  elec- 
tion. Nothing  contained  herein,  however,  shall  be  construed 
so  as  to  prevent  any  elector  from  voting  for  any  person  by 
pi  sting  or  writing  the  name  of  his  candidate  or  candidates  in 
pencil  on  his  ballot. 

(594)  §  3265.  SEC.  4.  The  board  of  education  of  such 
public  schools  shall  choose  one  member  of  said  board  and 
also  another  qualified  elector  of  said  city  to  act  as  inspectors 
of  election  in  each  polling  place,  and  the  electors  present  at 
the  opening  of  each  polling  place  shall  choose  another  quali- 
fied elector  of  said  district  and  the  three  together  shall  con- 
stitute a  board  of  inspectors  for  such  election  at  such  polling 
place:  Provided,  That  no  candidate  for  trustee  shall  act 
an  inspector  of  election  and  if  any  of  said  trustees  are  so 
d-squalified  the  board  of  education  shall  choose  another 
q  lalified  elector  to  act  as  such  inspector  of  election,  and  if 
the  persons  so  chosen  as  inspectors  of  election  shall  not  be 
present  at  the  opening  of  the  polls  or  remain  in  attendance, 
the  electors  present  may  choose  viva  voce  such  number  of 
e'ectors  present  as  shall  constitute  a  board  of  three  inspectors 
of  such  election,  and  if  the  two  inspectors  of  election  chosen 
by  the  board  of  education  shall  be  present  at  the  opening  of 
polls  and  remain  in  attendance  the  electors  present  shall 


Penalties 


Notice  of 
election. 


Nominations. 


Election  com- 
missioners, 
duty  of. 


Election 
Inspectors. 


Proviso, 
vacancies 


STATE  OF  MICHIGAN. 


Chairman. 


•Proviso, 

polling 

places. 


Inspectors, 
duty  of. 


Canvass. 


Report  to 
board. 


Declaration 
of  result. 


choose  one  elector  present  who  together  with  the  two  inspect- 
ors chosen  by  the  board  of  education  shall  constitute  a  board 
of  three  inspectors  of  election  for  each  polling  place.  Each 
of  said  inspectors  shall  take  the  required  oath  to  faithfully 
perform  the  duties  of  inspector  of  such  election.  Said  board 
of  inspectors  of  election  in  each  polling  place  shall  elect  out 
of  its  number  as  chairman  and  one  of  its  number  as  secretary 
of  the  board  of  inspectors.  The  qualifications  of  voters  at 
such  election  or  the  school  district  meetings  shall  be  such 
as  are  or  may  hereafter  be  prescribed  by  the  general  school 
law.  The  board  of  inspectors  shall  have  the  same  authority 
and  power  in  maintaining  and  enforcing  order  and  obedience 
to  its  lawful  commands  at  such  elections  and  during  the 
canvass  of  the  votes  as  are  conferred  by  the  general  laws  of 
the  state  upon  school  officers  in  similar  cases:  Provided, 
however,  That  electors  shall  cast  their  votes  at  the  polling 
place  in  the  ward  in  which  they  reside  if  there  be  a  polling 
place  in  such  ward,  and  if  no  polling  place  is  provided  or 
held  in  such  ward  then  the  board  of  education  of  the  said  city 
shall  designate  the  polling  places  where  the  voters  of  such 
ward  having  no  polling  place  shall  vote,  and  in  such  event  the 
board  of  education  shall  name  in  the  notice  of  election  the 
said  polling  places. 

Am.   1917,  Act  10. 

(595)  §  3266.     SEC.  5.     The  board  of  inspectors  of  each 
polling  place  shall  make  a  poll  list  of  names  of  persons  voting 
at  such  election  in  that  polling  place.      It  shall  also  have 
the  last  school  census  or  a  copy  thereof  present  at  such  elec- 
tion, open  for  inspection  by  any  citizen ;  it  shall  also  have  the 
right  of  access  to  the  registration  books  of  the  several  poll- 
ing places  of  the  city  if  it  deem  it  necessary,  and  for  that 
purpose  it  may  require  the  city  clerk  to  attend  such  election 
with  such  registers  in  the  voting  places  designated  by  the 
board  of  education. 

(596)  §  3267.     SEC.  6.     When  said  polls  shall  be  finally 
closed  the  board  of  inspectors  of  the  different  polling  places 
shall  proceed  publicly  to  count,  determine  and  declare  the 
number  of  votes  cast  and  for  whom,  and  shall  on  the  same 
or  on  the  next  succeeding  day  make  up  and  sign  a  statement 
in  writing  showing  the  whole  number  of  votes  cast  and  the 
number  of  votes  cast  for  each  person  for  whom  votes  were 
cast;  such  statement,  together  with  the  minutes  and  other 
papers  of  election,  shall  be  filed  with  the  secretary  of  the 
board  of  education.     The  inspectors  of  the  several  voting 
places  shall  forthwith  report  in  writing  to  the  secretary  of 
said  board  the  number  of  votes  cast  and  for  whom,  and  the 
number  of  votes  cast  for  each  person,  which  shall  be  filed  with 
the  secretarv  of  the  board  of  education.    The  person  or  per- 


GENERAL  SCHOOL  LAWS.  283 


s  who  shall  have  received  the  highest  number  of  votes  for 
su  h  office  of  trustee  for  the  several  terms  designated  upon 
th-  ballot  shall  be  declared  elected  by  the  board  of  trustees 
wi  hout  delay,  and  if  two  or  more  persons  shall  have  received 
an  equal  number  of  votes  where  only  one  trustee  is  to  be 
el»  ited.  Hie  said  board  of  trustees  shall  choose  one  of  said 
|K  sous  by  lot  ;is  siirli  trustee.  The  ballots  shall,  when  the  Ballots,  di«- 

\-i>  e  shall  have  been  declared,  be  returned  to  the  boxes  and   l 

i\\    boxes  be  locked  and  sealed  and  deposited  with  the  secre- 

ta  y  at  the  time  of  the  filing  of  said  statement.    Each  person  Oathof  office. 

so  declared  elected  to  the  office  of  school  trustee  under  the 

pi  >visions  of  this  act  shall,  within  live  days  after  he  has  been 

d(  ilared    elected,    qualify    by    taking    and    subscribing   the 

re  [uired  oath  of  office  and  filing  the  same  with  the  secreta  ry 

of  the  board  of  education. 


SCHOOL  SITES. 


A  Act  authorizing  the  commissioner  of  the  state  land  office  to  sell 
utes  to  school  districts,  churches  and  cemetery  associations  from 
ands  held  by  the  sale  as  tax  homestead  lands. 


[Act  223,  P.  A.  1909.] 

Tlie  People  of  the  State  of  Michigan  enact: 


(597)     §  4167.     SECTION  1.     The  commissioner  of  the  state  sites  for 
la  ml  office  is  hereby  authorized  to  sell  sites  to  school  districts,   comm^'sion* 
I  cl turches  and  cemetery  associations  from  any  lands  held  by   may  8el1- 
1.1  e  state  of  Michigan  as  tax  homestead  lands,  at  such  price 
a;   shall  be  fixed  by  the  said  commissioner.    The  application   Application. 
i'<  r  the  purchase  of  such  sites  shall  be  made  by  the  proper 
oih'cers  of  the  school  district,  or  the  trustees  of  the  church  or 
cemetery  association,  upon  blanks  prepared  and  furnished  by 
the  said  commissioner  for  that  purpose:    Provided,  That  the  Provl8°- 
said  commissioner  shall  not   sell  for  any  such  purpose  any 
k  ml  in  excess  of  the  amount  which  may  be  necessary  for 
the  use  of  any  such  school  district,  church  or  cemetery  asso- 
cation:     Provided  further,  That  any  land  so  sold  shall  be  Fru0rvt/B®r  U8e 
used  solely  for  the  above  purposes,  and  when  same  ceases  to 
be  used  for  such    purpose,   it    shall   revert  to  the  state  of 
Michigan. 

-•To  of  I'.n::   (S  :,r,r,7.  C.   I-    r.»ir.i   :ii..,iishps  the  office  of  commissioner  of 
'••  liinil   otlici-  ;iinl    transfers  In-;  ilntifs  to  tin-  jmlilif  <|»HI:UM   commission 
1   tin-  superintendent    »f  pui.lir  instruction. 


254 


STATE  OF  MICHIGAN. 


Plans  to  be 
submitted  to 
superintend- 
ent of  public 
instruction. 


Approval. 


Proviso, 
inspection 
during  con- 
struction. 


Condemna- 
tion of 
scboolbouse. 


Notice  to 
board  of 
education. 


When  super- 
intendent 
may  close 
buildings. 


Proviso,  plac- 
ing in  safe 
condition. 


APPROVAL  OF  PLANS  FOB  SCHOOL  BUILDINGS. 

An  Act  to  require  plans  for  all  school  buildings  and  for  additions  to 
school  buildings,  the  cost  of  which  shall  exceed  three  hundred  dol- 
lars, to  be  approved  by  the  superintendent  of  public  instruction ;  to 
require  that  plans  and  specifications  for  the  heating  and  ventilating 
of  all  schoolhouses  be  approved  by  the  superintendent  of  public 
instruction  before  any  heating  system  is  installed  in  said  buildings ; 
to  provide  a  penalty  for  the  violation  of  any  of  the  provisions  con- 
tained in  said  act;  and  to  authorize  the  condemnation  of  school- 
houses  under  certain  conditions,  (a) 

[Act  17,  P.  A.  1916.] 
The  People  of  the  State  of  Michigan  enact: 

(598)  §  5874.     SECTION  1.    No  schoolhouse  shall  hereafter 
be  erected  in  any  school  district  in  this  state,  and  no  addition 
to  a  school  building  in  any  such  district  shall  hereafter  be 
erected,  the  cost  of  either  of  which  shall  exceed  three  hundred 
dollars,  until  the  plans  and  specifications  for  the  same  shall 
have  been  submitted  to  the  superintendent  of  public  instruc- 
tion and  his  approval  indorsed  thereon.     Such  plans  and 
specifications  shall  be  submitted  in  duplicate  and  shall  show 
in  detail  the  ventilation,  heating  and  lighting:     Provided, 
That  the  said  superintendent  of  public  instruction  shall  have 
authority  to  inspect  such  building  or  buildings  during  the 
process  of  construction  in  order  to  determine  that  the  provi- 
sions of  this  act  are  being  complied  with. 

(599)  §  5875.  SBC.  2.  The  superintendent  of  public  instruc- 
tion shall  have  authority  to  inspect  and  condemn  school- 
houses.    After  an  inspection  of  a  school-house,  if  in  the  judg- 
ment of  the  said  superintendent  of  public  instruction  such 
building,  or  any  part  thereof,  is  not  in  a  safe  and  sanitary 
condition,  notice  thereof  shall  be  given  to  the  district  board 
or  board  of  education  of  the  district  in  which  such  building  is 
located,  said  notice  to  be  given  at  least  six  months  preceding 
the  first  day  of  August.    On  the  first  day  of  August  following 
such  notice  given,  if  said  building  has  not  been  placed  in  a 
safe  and  sanitary  condition  by  the  district  board  or  board  of 
education,  said  superintendent  of  public  instruction   shall 
have  authority  to  close  such  building,  or  a  part  thereof,  and 
such  building,  or  part  thereof,  shall  not  again  be  opened  for 
public  use  until  such  building,  or  part  thereof,  shall  have 
been  placed  in  a  safe  and  sanitary  condition  to  the  satisfac- 
tion of  the  said  superintendent  of  public  instruction:    Pro- 
vided, That  after  such  building,  or  part  thereof,  has  been 
closed  for  public  use  said  superintendent  of  public  instruc- 
tion shall  be  authorized  and  he  is  hereby  required  to  have 
such  building,  or  part  thereof,  placed  in  a  safe  and  sanitary 


(a)   Title  Am.  1919,  Act  139. 


I 


GENERAL  SCHOOL  LAWS. 


255 


Proviso, 
vacation  of 
order  to  close. 


coi  dition  at  the  expense  of  the  district :  Provided,  That  any 
di:-  trict  board  or  board  of  education,  being  dissatisfied  with 
th<  order  of  the  superintendent  of  public  instruction  deter- 
mi  ling  such  school-house  to  be  in  an  unsafe  or  insanitary 
condition,  may  within  thirty  days  of  the  issuance  of  such 
or-  er  and  notice  thereof,  commence  an  action  in  the  circuit 
co  irt  in  chancery  for  the  county  in  which  such  school-house 
is  located,  against  the  superintendent  of  public  instruction 
as  Jefendant,  to  vacate  and  set  aside  such  order  on  the  ground 
th  t  said  order  is  unlawful  or  unreasonable;  in  which  suit 
th •;  superintendent  of  public  instruction  shall  be  served  with 
su  )poena  and  a  copy  of  the  complaint. 

;600)  §  5876.  SEC.  3.  No  tax  voted  by  a  district  meet- 
in  j,  or  other  competent  authority  in  any  such  school  district, 
ex  needing  the  sum  of  three  hundred  dollars  for  building  pur- 
p(  ses,  shall  be  expended  by  the  district  board  or  board  of 
ed  ication  of  such  district  until  the  superintendent  of  public 
in  <truction  shall  certify  that  the  plans  and  specifications  for 
th  3  same  comply  with  the  provisions  of  this  act. 

(601)  SEC.  4.     No    heating    system    shall    hereafter    be 
in  stalled  in  any  schoolhouse  in  this  state,  nor  shall  any  heat- 
in  ;  system  be  replaced  by  another  heating  system  in  any 
sc  loolhouse  of  this  state,  until  the  plans  and  specifications 
fo  ?  the  same  shall  have  been  submitted  to  the  superintendent 
of  public  instruction  and  his  approval  endorsed  thereon.    The 
pi  ins  and  specifications  shall  make  provision  for  ventilation 
ei  ;her  as  a  part  of  or  in  connection  with  the  heating  system 
ai  d  shall  be  submitted  in  duplicate  to  the  superintendent  of 
pi  blic  instruction. 

idded  1919,  Act  139. 

(602)  SEC.  5.     It  shall  be  unlawful  for  any  officer,  board, 
committee,  architect,  builder,  civil  engineer,  plumber,  carpen-   approved 
ter,  mason,  contractor,  subcontractor,  foreman,  or  employe  pan'e1 
to  vary  from  plans  and  specifications  approved  by  the  super- 
intendent of  public  instruction  without  his  written  consent, 

or  otherwise  violate,  or  assist  in  violating  any  of  the  pro- 
visions contained  in  this  act.  Any  person,  board,  firm,  or  Penalty 
corporation,  who  violates  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  to  exceed  one  hundred 
dollars  or  imprisonment  in  the  county  jail  for  a  period  of 
n  )t  to  exceed  thirty  days,  either  or  both  in  the  discretion  of 
the  court. 


Tax  not  to  be 
expended 
without 
certification 
of  plans. 


Plans  and 

specifications 

submitted. 


Ventilation. 


Added  Id. 


256 


STATE  OF  MICHIGAN. 


Bonds,  ex- 
empt from 
taxation. 


SCHOOL  BONDS. 

An  Act  to  exempt  from  taxation  bonds  hereafter  issued  by  any  county, 
township,  city,  village  or  school  district  within  the  state  of  Michi- 
gan. 

[Act  88,  P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(603)  §  4194.  SECTION  1.  All  bonds  hereafter  issued  by 
any  county,  township,  city,  village  or  school  district  within 
the  state  of  Michigan  pursuant  to  statute  are  hereby  exempted 
from  all  taxation. 

Sec.  2  repeals  Inconsistent  acts. 


May  borrow, 
money  on 
bonds. 


Amount  of 
loan. 


An  Act  to  prescribe  and  limit  the  power  of  school  districts  having  a 
population  of  more  than  fifteen  thousand  and  less  than  one  hundred 
thousand  to  borrow  money  and  issue  bonds  of  such  distinct  there- 
for, and  to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith. 

[Act  150,  P.  A.  1915.] 

The  People  of  the  State  of  Michigan  enact: 

(604)  §5865.  SECTION  1.  Any  school  district  within  the 
state  of  Michigan,  whose  population  shall  exceed  fifteen  thou- 
sand and  be  less  than  one  hundred  thousand,  shall  have  power 
and  authority  to  borrow  money  and  issue  bonds  to  an  amount 
not  greater  in  any  one  year  than  five  per  cent  of  the  total 
assessed  valuation  of  said  district,  nor  to  a  total  amount, 
including  all  outstanding  bonded  indebtedness  of  said  dis- 
trict, exceeding  eight  per  cent  of  the  assessed  valuation  of 
said  district,  subject,  however,  to  all  provisions  of  law  now 
or  hereafter  in  force  relative  to  the  submission  to  the  electors 
of  such  districts  of  any  or  all  questions  relative  to  such 
borrowing  of  money  and  issuing  of  bonds  therefor. 

The"  issuance  of  bonds  for  school  purposes  by  a  city  after  the  enactment  of 
Act  No  150,  P.  A.  1915,  transferring  said  authority  from  the  city  to  the  school 
authorities,  was  ultra  vires,  and  a  decree  restraining  such  contemplated  action 
was  entered  in  the  appellate  court.— 194  /  330. 

Sec.  2  repeals  all  acts  or  parts  of  acts,  whether  local  or  general,  in  anywise 
conflicting  with  the  provisions  of  this  act. 


An  Act  to  authorize  school  districts  in  cities  having  a  population  of 
more  than  two  hundred  fifty  thousand  and  comprising  a  single 
school  district  to  borrow  money  to  make  permanent  improvements 
by  the  issue  and  sale  of  bonds. 

[Act  226,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

when  certain  (605)  SECTION  1.  Whenever  the  board  of  education  of 
tracts1  may  any  school  district  in  any  city  having  a  population  of  more 
lpurpofleS.ds '  tnan  two  hundred  fifty  thousand  and  comprising  a  single 


: 


(JKNEHAL   SCHOOL   LAWS. 


257 


"Single 
school  dis- 
trict" defined. 


sc  ool  district  by  resolution  determines  to  purchase1  any 
bi  Idiugs,  or  sites  for  buildings,  playgrounds,  athletic  fields, 
or  other  lands  which  it  is  authorized  to  purchase;  or  to  insti- 
tu  e  condemnation  proceedings  to  acquire  any  buildings  or 
>  sii  BS  for  buildings,  playgrounds,  athletic  fields,  or  other 
la  ids  which  it  is  authorized  to  acquire;  or  to  erect  or  equip 
bi  ildings  which  it  is  authorized  to  erect  or  equip;  or  to  make 
ai  y  other  permanent  improvement  which  it  is  authorized  to 
in  ke.  and  the  common  council,  city  commission  or  other 
le  ;islative  body  of  the  city  in  which  said  district  is  situated 
si  ill  by  resolution  consent  to  and  approve  of  the  resolution 
b;  which  said  board  of  education  so  determines,  said  school 
d  strict  may,  to  purchase  said  buildings,  sites  or  other  lands, 
o  to  pay  awards  made  in  said  condemnation  proceedings, 
o  to  erect  or  equip  said  buildings,  or  to  make  any  other  said 
p  rmaneiit  improvement,  borrow  money  by  the  issue  and  sale 

0  bonds. 

(b'0(>)  SKI\  H.  Delinition.  The  words  "a  single  school 
d  strict"  as  herein  used  shall  signify  the  principal  or  domi- 
n  iting  district  in  any  city  in  which  there  is  a  principal  or 
d  >minating  district  and  but  parts  of  other  districts  in  out- 
1;  ing  sections,  and  shall  signify  also  the  school  district  in 
a  ly  city  wherein  the  territorial  limits  of  said  district  and 
t  ic  jurisdiction  of  its  board  of  education  are  coterminus 
[  ioterminous]  and  coextensive  with  the  territorial  limits  of 
s  lid  city. 

(<J07)  SEC.  3.  Bonds  issued  and  sold  hereunder  shall  be 
designated  General  Public  Improvement  Bonds,  School  Dis- 

t  'ict  of (here  is  to  be  inserted  the  name  of 

t  ae  city  in  which  said  district  is  situated)  ;  they  may  be  issued   HOW  issued, 
and  sold  on  the  faith  and  credit  of  said  district  for  a  fixed  etc' 
t^rm  of  years,  not  exceeding  thirty,  payable  at  the  end  thereof 
cr  in  serial  form  with  pro  rata  apportionment  of  sums  payable 
fnnually;  to  bear  interest,  payable  semi-annually,  at  a  rate 

1  ot  to  exceed  six  per  centum  per  annum;  to  be  payable,  both 
principal  and  interest,  in  gold  coin  of  the  United  States  of  the. 
standard  of  weight  and  fineness  as  of  their  date,  or  in  lawful 
money  of  the  United  States ;  and  in  amounts,  manner  and 
form  determined  as  herein  provided. 

i  uo>  i     SEC.  4.     The  board  of  education  of  said  district  may  Resolution  to 
'rom  time  to  time  by  resolution  determine  to  issue  and  sell   i88ue- 
>onds  hereunder  on  the  faith  and  credit  of  the  district;  in  its 
<aid  resolution  said   board   shall   determine  the  sum  of  the 
Kinds  to  be  then  issued  and  sold,  the  term  of  years  for  or  over 
which  they  shall  run,  and  a  maximum  rate  of  interest,  pay- 
ible  semi  annually,  thereon.     Said  resolution  shall  be  trans-   where  trans- 
mit 1«1  to  the  legislative  body  of  the  city  in  which  the  district   mitted- 
is  situated   and   said    legislative  body  may  consent  to  and 
approve  of  the  contemplated  issue  and  sale  of  said   bonds  if 
upon  the  issue  and  sale  thereof  the  gross  debt  of  said  district 

Kill  not  be  in  excess  of  two  per  centum  of  the  assessed  value 


Bonds,  desig- 
nation of. 


258 


STATE  OF  MICHIGAN. 


When 
approved 
by  electors. 


Sale  of 
bonds. 


of  all  the  real  and  personal  property  in  said  district ;  or  may, 
at  its  option,  submit  the  same  to  the  electors  of  said  district 
at  any  election,  general  or  special ;  or  may  refuse  to  consent 
to  and  approve  thereof,  which  refusal  shall  not  preclude 
renewal  of  the  project  to  issue  and  sell  said  bonds.  If  said 
legislative  body  consents  to  and  approves  of  the  contemplated 
issue  and  sale  of  said  bonds  or  if  a  majority  of  said  electors 
voting  thereon  approve  the  same  and  by  the  issue  and  sale 
thereof  the  gross  debt  of  said  district  will  not  be  in  excess 
of  two  per  centum  of  the  assessed  value  of  all  the  real  and 
personal  property  in  said  district;  or  if  three-fifths  of  the 
electors  voting  thereon  approve  the  contemplated  issue  and 
sale  of  said  bonds  and  by  the  issue  and  sale  thereof  the  gross 
debt  of  said  district  will  not  be  in  excess  of  five  per  centum 
of  the  assessed  value  of  all  the  real  and  personal  property  in 
said  district,  said  legislative  body  shall  by  resolution  deter- 
mine the  amounts  of  the  several  bonds  which  are  to  make  up 
the  sum  of  those  to  be  issued  and  sold,  the  medium  in  which 
principal  and  interest  will  be  payable,  and  where  the  same 
will  be  payable,  and  direct  the  controller  or  other  like  minis- 
terial officer  of  said  city  to  advertise,  in  manner  and  form  and 
for  a  time  by  said  legislative  body  prescribed,  for  sealed 
proposals  to  be  by  said  ministerial  officer  received  to  a  day 
and  hour  in  said  resolution  fixed,  or  for  open  proposals  to  be 
received  at  an  auction  of  said  bonds  to  be  conducted  by  said 
ministerial  officer  in  the  meeting  place  of  said  legislative  body 
on  a  day  and  at  an  hour  in  said  resolution  fixed,  proposals 
to  be  for  said  bonds  at  the  greatest  premium  above  par  and 
the  rate  of  interest  in  said  resolution  named,  not  greater  than 
the  maximum  determined  upon  by  said  board  of  education, 
or  at  par  and  the  lowest  rate  of  interest  named  in  the  pro- 
posals, all  proposals  to  indicate  whether  bonds  are  desired 
to  be  payable  at  the  end  of  the  term  of  years  for  or  over 
which  they  are  to  run  or  in  serial  form  with  pro  rata  appor- 
tionment of  amounts  payable  annually.  Said  legislative  body 
may  accept  proposals  or  may  reject  them,  and  may  direct  said 
ministerial  officer  to  further  advertise  for  proposals. 

(609)  SEC.  5.    Whenever  said  legislative  body  shall  accept 
proposals   for  bonds   it   shall   by   resolution   determine   its 
acceptance  thereof,  authorize  the  sale  of  said  bonds,  deter- 
mine the  form  of  the  bonds  to  be  issued  and  sold,  consistent 
with  said  acceptance,  and  direct  said  ministerial  officer  to 
prepare  the  same  as  coupon  bonds  or,  if  the  purchaser  thereof 
shall  have  so  elected,  as  registered  bonds.     This  resolution 
shall  be  transmitted  to  said  board  of  education  and  if  it  be 
ratified  by  resolution  of  said  board  said  ministerial  officer 
shall  so  prepare  said  bonds. 

(610)  SEC,  6.     Said  bonds  shall  be  signed  by  the  presi- 
dent of  said  board  of  education  and  bear  the  seal  of  said  school 
district ;  be  dated,  numbered  and  recorded  as  may  be  by  law 
directed  as  to  bonds  of  the  city  in  which  said  district  is 


May  reject, 
etc.,  pro- 
posals. 

When   propo- 
sals accepted. 


Who  to  sign, 
etc.,  bonds. 


(IKNEUAL  SCHOOL  LAWS. 


259 


siuiated;  he  countersigned  by  the  mayor  or  other  like  execu- 
ti\e  officer  of  said  city  ami  hy  said  ministerial  officer  thereof 
ai  1  be  attested  by  the  city  clerk  of  said  city ;  and  be  delivered 
to  the  treasurer  of  said  school  district  who  shall,  upon  the 
01  rside  fold  thereof,  certify  over  his  signature  and  official 
tMe  that 

"This  bond  has  been  issued  and  sold  in  compliance  with 
aw ;  has  been  duly  entered  in  the  books  of  this  office ;  and 
;he  par  value  of  same,  and  all  premiums  on  sale,  and 
nterest  accruing  before  delivery,  have  been  paid  into  this 
office." 


I"  >on  payment  to  him  of  the  moneys  payable  under  the 
ac  :epted  proposals  therefor,  with  interest  accrued  to  date  of 
d(  livery,  said  treasurer  shall  deliver  said  bonds  to  those 
ei  titled  thereto.  Premiums  and  accrued  interest  shall  be 
ci  idited  to  the  interest  fund.  Principal  shall  be  used  only 
f(  •  pin-poses  for  which  said  bonds  were  issued  and  sold,  and 
si  ill  be  controlled  and  disbursed  as  is  by  law  directed  with 
it  'erence  to  other  funds  of  said  district.  Principal  and  inter- 
e.^  shall  be  paid,  and  exchange  of  coupon  bonds  for  registered 
b<  nds  shall  be  made,  as  is  by  law  directed  with  reference  to 
IL;C  matters  related  to  other  bonds.  No  bonds  shall  be  issued 
ai  d  sold  hereunder  at  less  than  par,  nor  if  disapproved  on  a 
rt  ferendum,  but  disapproval  shall  not  preclude  re-submission 
01  renewal  of  project  to  issue  and  sell  said  bonds. 

(Oil)  SEC.  7.  In  the  annual  budget  of  said  board  of 
e;  ucation  there  shall  be  included  and  appropriated  sums  to 
1><  raised  by  taxation  sufficient  to  pay  interest  on  bonds  issued 
ai  d  sold  hereunder  and  to  pay  principal  due  on  serial  bonds 
at  maturity;  in  said  budget,  to  provide  a  sinking  fund  for 
tl  e  payment  of  bonds  payable  at  the  end  of  a  fixed  term  of 
years,  there  shall  be  included  and  appropriated  each  year 
pi  ior  to  the  fiscal  year  in  which  said  bonds  mature  at  least 
a  pro  rat  a  part  of  seventy-live  per  centum  of  the  principal 
tl  ereof,  to  be  raised  by  taxation,  and  in  the  budget  of  the 
fhcal  year  in  which  said  bonds  mature  there  shall  be  included 
and  appropriated  amounts  to  be  raised  by  taxation  sufficient, 
with  the  amounts  previously  provided  and  the  increment 
tl  ereof.  to  pay  said  bonds  at  maturity. 

(OIL1 1  Si:r.  S.  The  provisions  hereof  are  supplemental 
tr  ,  and  are  not  to  repeal,  other  provisions  of  law  under  which 
bonds  of  said  district  are  authorized  to  be  issued  and  sold, 
1)  it  no  bonds  shall  be  issued  and  sold  hereunder  by  authority 
of  said  board  of  education  and  legislative  body,  even  though 
a  iproved  by  a  majority  vote  of  the  electors,  which,  with  other 
bonds  of  the  district,  will  make  the  gross  debt  of  said  district 
in  excess  of  two  per  centum  of  the  assessed  value  of  all  the 
real  and  personal  property  in  the  district.  Bonds  may,  how- 
e^'er,  be  issued  and  sold  hereunder  which,  with  other  bonds  of 
said  district,  will  make  said  gross  debt  in  excess  of  said  two 


Delivery. 


Premiums, 
etc.,  where 
credited. 


No  bonds  at 
less  than  par. 


Annual 
budget,  what 
to   include. 


Sinking  fund. 


Provisions 

construed. 


Maximum 
gross  debt. 


260 


STATE  OF  MICHIGAN. 


per  centum,  if  approved  by  a  three-fifths  vote  of  the  electors 
voting  thereon  at  any  election,  general  or  special,  but  in  no 
case  shall  bonds  be  issued  and  sold  hereunder  which  with 
other  bonds  of  the  district  will  make  said  gross  debt  in  excess 
of  five  per  centum  of  said  assessed  value. 

(613)  SEC.  9.  All  provisions  of  law  which  require  that 
the  proceedings  of  said  board  of  education  or  legislative  body 
be  submitted  to  the  executive  officer  of  said  city  and  which 
regulate  the  procedure  of  said  board  or  body  on  a  veto  of  said 
proceedings  shall  apply  concerning  the  issue  and  sale  of 
bonds  hereini  der. 

SEC.  10-     A11  officers  of  the  cit    in  which  said  dis- 


Laws 
applicable. 


?fflcersipeax-ing 

offlcio  officers,   trict  is  situated,  herein  given  participation  in  matters  relat- 

ing to  the  issue  and  sale  of  bonds  hereunder,  and  those  upon 
whom  participation  therein  would  devolve  under  revision  or 
amendment  of  any  special  or  local  act,  are  for  the  purposes 
hereof  made  ex-officio  officers  of  said  district. 


Bond  issue. 


Tax  to  pay 
interest  and 
principal  on. 


An  Act  to  authorize  the  levy  of  taxes  to  pay  principal  and  interest  of 
bonds  issued  under  the  provisions  of  act  number  one  hundred  fifty 
of  the  Public  Acts  of  nineteen  hundred  fifteen,  entitled  "An  act  to 
prescribe  and  limit  the  power  of  school  districts  having  a  popula- 
tion of  more  than  fifteen  thousand  and  less  than  one  hundred  thou- 
sand to  borrow  money  and  issue  bonds  of  such  district  therefor,  and 
to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith,"  approved 
May  seven,  nineteen  hundred  fifteen,  and  to  repeal  all  acts  and  parts 
of  acts  inconsistent  herewith. 

[Act  266,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(615)  SECTION  1.  The  board  of  education  or  other  legis- 
lative body  of  any  school  district  which  shall  have  hereto- 
fore issued  or  shall  hereafter  issue  bonds  under  the  provisions 
of  act  number  one  hundred  fifty  of  the  Public  Acts  of  nine- 
teen hundred  fifteen,  entitled  "An  act  to  prescribe  and  limit 
the  power  of  school  districts  having  a  population  of  more 
than  fifteen  thousand  and  less  than  one  hundred  thousand  to 
borrow  money  and  issue  bonds  of  such  district  therefor,  and 
to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith," 
approved  May  seven,  nineteen  hundred  fifteen,  shall  provide 
annually  for  the  levy  and  collection  of  a  direct  tax  upon  all 
the  taxable  property  in  such  school  district  sufficient  to  pay 
the  interest  on  such  bonds  as  it  falls  due,  and  also  to  pay  and 
discharge  the  principal  thereof  at  maturity. 

Sec.  2  repeals  all  acts  or  parts  of  acts,  whether  local  or  general,  in  an: 
conflicting  with  the  provisions  of  this  act. 


GENERAL  SCHOOL  LAWS. 


261 


V  )TING,  ETC.,  SCHOOL  TAXES  IN  CERTAIN  CITIES. 

Act  relative  to  voting,  assessing  and  collecting  school  taxes  in  city 
school  districts,  and  to  provide  for  the  collection  of  school  taxes  with 
he  city  taxes  therein. 

[Act  337,  P.  A.  1919.] 

The  People  of  the* State  of  Michigan  enact: 

(616)  SECTION  1.  In  any  school  district  composed 
e  tirely  of  territory  situated  in  any  city  or  cities  in  this  state, 
h  ving  a  population  not  exceeding  sixty  thousand  inhabitants 
a  cording  to  the  last  regular  government  census,  a  meeting 
o  the  qualified  electors  of  said  district  shall  be  held  upon  the 
f<  urth  Monday  of  April  of  each  year,  for  the  purpose  of 
v  'ting  and  determining  such  school  taxes  for  the  ensuing 
s<  hool  year  as  are  required  by  law  to  be  voted  and  determined 
b  '  the  electors  of  the  school  district.  Notice  of  the  day,  hour, 
p  ace  and  purpose  of  said  meeting  of  electors  shall  be  given 
b  r  the  secretary  of  the  board  of  education,  by  posting  notice 
t"  .ereof  in  at  least  twelve  public  places  in  said  district,  at 
1(  ast  ten  days  before  said  meeting,  and  by  publication  in  one 
o  •  more  of  the  city  papers,  if  any,  in  said  district,  at  least 
s  x  t  linos  within  ten  days  next  preceding  said  meeting.  If 'no 
d  illy  paper  is  published  in  the  district,  the  notice  shall  be 
]» iblished  at  least  once  in  a  weekly  newspaper  published 
ti  lerein. 

Mi  17)  SEC.  2.  The  board  of  education  of  said  school  dis- 
t-ict  shall,  between  the  fourth  Monday  in  April  and  the  sec- 
o  id  Monday  in  May  in  each  year,  make  out  and  deliver  to 
the  city  clerk  of  each  city  in  which  any  part  of  the  district 
ih  situated,  a  report  in  writing  under  their  hands  of  all  taxes 
v>ted  by  the  district  during  the  preceding  year,  and  of  all 
taxes  which  said  board  is  authorized  to  impose,  to  be  levied 
on  the  taxable  property  of  the  district. 

(618)     SEC.  3.     On  or  before  the  fourth  Monday  in  May 
in  each  year,  the  clerk  of  each  city  in  which  any  part  of  said 
school  district  is  situated  shall  deliver  to  the  assessing  officer 
or  officers  of  his  city,  a  certified  copy  of  all  statements  on  tile 
i:i  his  office  of  moneys  authorized  to  be  raised  by  taxation  in 
said  school  district  for  school  purposes.     Said  school  taxes 
shall  be  assessed  upon  the  taxable  property  of  said  school 
iistrict  upon  the  next  succeeding  assessment  roll  of  said  city 
r  cities,  and  the  same  proceedings  shall  be  taken  for  the  col- 
3ction  thereof  as  for  the  collection  of  city  taxes  in  said  city 
r  cities:     Provided,  however,  That   taxes  already  assessed 
nd  in  process  of  collection  at  the  time  this  act  shall  take 
ffect  shall   be  collected,  and  proceedings  taken   in  regard 
iereto,  as  provided  by  the  laws  relating  thereto  at  the  time 
iis  act  takes  effect! 


School  meet- 
ing to  vote 
taxes  In   cer- 
tain cities. 


Notice. 


Notice  of 
taxes  voted 
given  to 
city  clerk. 


Assessor  fur- 
nished certi- 
fied copy,  etc. 


Proviso, 
taxes  already 
assessed. 


262 


STATE  OF  MICHIGAN. 


Powers  of 
clerk,  etc. 


General  law 
to  govern. 


Referendum. 


Form  of 
ballot. 


Certificate  of 
determina- 
tion. 


When 
effective. 

Resubmission 
of  question. 


(619)  SEC.  4.    In  all  proceedings  in  relation  to  the  assess- 
ment, spreading  and  collection  of  taxes  for  school  purposes 
in  said  district,  and  in  relation  to  the  receipt  and  disburse- 
ment of  all  moneys  belonging  to  said  school  district,  the  city 
assessing  officer  or  officers,  city  clerk  and  city  treasurer  of 
the  city  or  cities  in  which  said  district  is  situated,  shall  have 
like  powers  and  duties  as  are  prescribed  by  the  laws  of  this 
state  for  township  supervisors,  township  clerks  and  township 
treasurers,  respectively,  except  as  in  this  act  otherwise  pro- 
vided. 

(620)  SEC.  5.    Except  as  provided  otherwise  in  this  act, 
the  provisions  of  the  general  school  laws  of  this  state  and 
any  local  act  in  force  in  such  district  relative  to  voting, 
assessing  and  collecting  school  taxes,  shall  continue  and  be 
in  full  force  and  effect. 

(621)  SEC.  6.     This  act  shall  not  be  in  force  and  take 
effect  in  any  school  district  until  a  majority  of  the  voters 
voting  on  such  proposition  shall  vote  in  favor  of  the  same. 
Such  proposition  may  be  submitted  to  the  voters  of  any  school 
district  at  such  time  or  times  as  the  board  of  education  of 
such  district  shall  determine,  and  when  submitted,  the  ballot 
for  voting  thereon  shall  be  in  substantially  the  following 
form : 

Shall  this  school  district  adopt  act  number of 

the  public  acts  of  nineteen  hundred  nineteen,  being  "An  Act 
relative  to  voting,  assessing  and  collecting  school  taxes  in 
city  school  districts,  and  to  provide  for  the  collection  of 
school  taxes  with  city  taxes  therein?" 

Yes  (  ). 

No     (  ). 

Whenever,  upon  a  canvass  of  the  vote  upon  the  said  prop- 
osition, it  shall  be  determined  that  a  majority  of  the  voters 
voting  upon  such  proposition  have  voted  in  favor  of  the  same, 
the  secretary  of  the  board  of  education  shall  make  certificates 
of  such  determination  under  the  corporate  seal  of  the  dis- 
trict, one  of  which  he  shall  file  in  the  office  of  the  county 
clerk  of  the  county,  one  in  the  office  of  the  clerk  of  the  city  or 
cities  in  which  such  district  is  situated,  and  another  shall  be 
filed  in  his  own  office.  This  act  shall  be  in  effect  in  said  dis- 
trict on  and  after  the  filing  of  said  certificates  as  aforesaid. 

(622)  SEC.  7.    If  any  school  district  has  elected  to  come 
under  the  provisions  of  this  act,  such  district  may  at  any  time 
after  two  years,  upon  a  petition  signed  by  a  number  of  quali- 
fied electors,  not  less  than  fifteen  per  cent  of  the  number  of 
electors  voting  at  the  last  preceding  election  in  said  district, 
resubmit  the  question  of  the  continuance  or  discontinuance 
of  this  act  within  such" district.    The  form  of  the  proposition 
for  the  resubmission  of  the  question  shall  be  drafted  by  the 
board  of  education  when  submitted  at  any  succeeding  special 
or  general  election. 


GENERAL  SCHOOL  LAWS. 


263 


FIRE  PROTECTION  IN  THE  SCHOOLS. 

[Extract  from  Act  285,  P.  A.  1909.] 


Factory 
Inspectors, 


623)  §  5334.  SEC.  13.  Factory  inspectors  shall  have 
po  ?er  to  condemn  all  schoolhouses  if  in  their  opinion  they  power1"  to 
ar  unsafe  and  liable  to  collapse  and  cause  the  lives  of  chil- 
dr  u  to  be  endangered;  also  factory  inspectors  shall  have 
po  ver  to  order  fire  escapes  on  all  manufacturing  establish- 
m<  nts,  hotels,  stores,  theaters,  schools,  halls,  public  and  office 
bi  Idings  two  or  more  stories  in  height,  and  apartment 
he  ises  three  or  more  stories  in  height,  if  in  the  opinion  of 
th  j  factory  inspector  it  be  necessary  to  insure  the  safety  of 
pc  'sons  in  such  places ;  said  fire  escape  or  means  of  egress, 
or  as  many  thereof  as  may  be  deemed  sufficient  by  the 
in  pector,  shall  be  provided,  and  where  it  is  necessary  to  pro- 
vi  le  fire  escapes  on  the  outside  of  such  building  they  shall 
co  isist  of  landings  and  balconies  at  each  floor  above  the  first, 
to  be  built  according  to  specifications  provided  by  the  factory 
in  jpector.  All  doors  in  schoolhouses  and  the  doors  of  the 
c;i  >itol  building  and  all  state  institutions  shall  open  outward. 
F;  ctory  inspectors  shall  in  writing  notify  the  owner,  agent 
or  lessee  of  such  manufacturing  establishments,  hotels,  stores, 
tli  -;iters,  schools,  halls,  apartment  houses  and  public  and 
of  ice  buildings  of  the  required  location  and  specifications 
ol  such  escapes  as  may  be  ordered  and  as  to  all  failures  to 
comply  with  the  provisions  of  this  act.  Any  person,  firm  or  Penalty, 
corporation,  or  any  member  of  any  school  board,  who  shall 
vi  )late  or  cause  to  be  violated  any  of  the  provisions  of  this 
section,  or  shall  fail  or  refuse  to  erect  or  cause  to  be  erected 
a i  y  lire  escape  ordered  by  any  factory  inspector,  under 
ai  thority  of  this  section,  shall  be  deemed  guilty  of  a  misde- 
in  »unor,  and  upon  conviction  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  or 
imprisoned  for  not  less  than  three  months  nor  more  than  one 
year,  or  by  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 


Doors  to 
open  out- 
ward. 


ESTABLISHMENT,   ETC.,   OF   HIGHWAY   TO   SCHOOL 

BUILDING. 

[Extract  from  Chap.  I,  Act  283,  P.  A.  1909.] 

§  4297.    SEC.  10.  *  *  *  *  The  said  township  board 
liall  cause  to  be  established  and  improved  a  public  highway  schooi 

each  and  every  public  school  building  in  any  organized 
nhool  district  in  every  township,  and  where  a  highway  is 


264 


STATE  OF  MICHIGAN. 


already  laid  out  and  established,  and  not  improved  and  made 
passable  to  any  such  public  school  building,  the  said  board 
shall  cause  the  same  to  be  so  improved  and  made  passable 
for  public  use. 


Instruction, 
etc.,  of  cer- 
tain inmates. 


Approval. 


Approval  of 


An  Act  to  provide  for  the  direction  and  supervision  of  the  instruction 
and  training  of  the  inmates  in  all  institutions  in  this  state  where 
Juvenile  delinquents  are  confined  or  detained  by  order  of  any  court, 
parent  or  guardian,  and  to  authorize  the  superintendent  of  public 
instruction  to  direct  and  supervise  the  instruction  and  training  of 
the  inmates  in  said  institutions. 

[Act  137,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(625)  SECTION  1.     The  superintendent  of  public  instruc- 
tion is  hereby  authorized  to  supervise  and  direct  the  instruc- 
tion and  training  of  the  inmates  in  all  public  institutions 
in    the   state   where   juvenile   delinquents    are    confined    or 
detained  by  order  of  any  court,  parent  or  guardian.     No 
course  of  study  shall  be  pursued  in  any  of  such  institutions 
which  shall  not  have  been  approved  by  the  superintendent  of 
public  instruction,  and  he  shall  prescribe  for  each  institution 
the  course  of  study  it  shall  follow. 

(626)  SEC.  2.     No  person  shall  be  permitted  to  teach  in 
any  public  institution  of  this  state,  as  provided  in  this  act, 
whose  educational  qualifications  shall  not  have  been  approved 
by  the  superintendent  of  public  instruction. 

Added  1919,  Act  17. 


System 
authorized. 


Idem. 


Operation    of. 


An  Act  authorizing  cities,  villages,  counties,  townships  and  school  dis- 
tricts to  operate  systems  of  public  recreation  and  playgrounds. 

[Act  156,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(627)  SECTION  lv  Any  city,  village,  county  or  township 
may  operate  a  system  of  public  recreation  and  playgrounds ; 
acquire,  equip  and  maintain  land,  buildings  or  other  recrea- 
tional facilities;  employ  a  superintendent  of  recreation  and 
assistants;  vote  and  expend  funds  for  the  operation  of  such 
system. 

"  (628)  SEC.  2.  Any  school  district  may  operate  a  system 
of  public  recreation  and  playgrounds,  may  vote  a  tax  to  pro- 
vide funds  for  operating  same,  and  may  exercise  all  oth 
powers  enumerated  in  section  one. 

(629)      SEC.  3.      Any   city,   village,    county,   township   o 
school  district  may  operate  such  a  system  independently  or 
they  may  co-operate  in  its  conduct  in  any  manner  in  which 


1 


.  I 


(JENEKAL  SCHOOL  LAWS. 


206 


th 
Of 

th 
bo 


yr  may  mutually  agree ;  or  they  may  delegate  the  operation 
;he  system  to  a  recreation  board  created  by  any  or  all  of 
m,  and  appropriate  money,  voted  for  this  purpose,  to  such 
rd. 

630)  SEC.  4.  Any  municipal  corporation  or  board  given 
ch  rge  of  the  recreation  system  is  authorized  to  conduct  its 
ac  ivities  on  (1)  property  under  its  custody  and  manage- 
mt  it;  (2)  other  public  property,  under  the  custody  of  other 
mi  nicipal  corporations  or  boards,  with  the  consent  of  such 
co  porations  or  boards;  (3)  private  property,  with  the  con- 
se;  t  of  the  owners. 


Where  maj  b« 
conducted. 


Ar  Act  authorizing  school  boards  to  permit  the  use  of  school  grounds 
;  nd  schoolhouses  as  community  or  recreation  centers  for  the  enter- 
linment  and  education  of  the  people  and  for  the  discussion  of  all 
opics  tending  to  the  development  of  personal  character  and  civic 
welfare;  to  provide  payment  for  janitor  service  and  other  expenses 
acident  thereto ;  and  to  repeal  all  acts  or  parts  of  acts  inconsistent 
erewith. 

[Act  318,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(631)  SECTION  1.  The  school  board  of  any  city,  village,  use  grantee, 
township  or  school  district  in  this  state,  upon  the  written 
application  of  any  responsible  organization  located  in  said 
sc  100!  district,  or  of  a  group  of  at  least  seven  citizens  of 
said  school  district,  shall  grant  the  use  of  all  school  grounds 
ar  d  schoolhouses  as  community  or  recreation  centers  for  the 
entertainment  and  education  of  the  people,  including  the 
acults  and  children  of  school  age,  and  for  the  discussion  of 
al  topic?  tending  to  the  development  of  personal  character 
aid  of  civic  well'arc.  Such  occupation,  however,  shall  not 
seriously  infringe  upon  the  original  and  necessary  uses  of 
such  properties.  The  school  board  in  charge  of  such  build-  Rui««  *n<i 
ings  shall  prescribe  such  rules  and  regulations  for  their  occu- 
py ncy  and  use  as  herein  provided  as  will  secure  a  fair,  reason- 
able and  impartial  use  of  the  same.  The  organization  or  Applicants 
group  of  citizens  applying  for  the  use  of  properties  as  speci- 
find  above  shall  be  responsible  for  any  damage  done  theDi  etc- 
over  and  above  the  ordinary  wear,  and  shall,  if  required,  pay 
tie  actual  expense  incurred  for  janitor  service,  light  and 


Sec.  2  repeals  all  acts  or  parts  of  acts  Inconsistent  with  the  provisions  of 
this  act. 


APPENDIX. 


APPENDIX. 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  LAWS. 

(F  >r  outlined  procedure,  in  connection  with  these  forms,  see  Digest  issued  by  Superintendent 

of  Public  Instruction.) 


FORM  No.  1. 


AT  >tice  by  the  Clerk  of  the  township  board  to  a  taxable  inhabitant  of  a  district  of 

the  time  of  its  formation. 


[See  sections  27,  28.] 


T>  A. 


B 


SIR  —  The  township  board  of  the  township  of  ................  have  formed  a  school 

di  strict  in  said  township,  to  be  known  as  district  No  ..........  and  bounded  as  fol- 

io ^s:  [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at  ..............  ,  on  the  ............ 

di  y  of  ..............  19  .....  at  ..............  o'clock,  .  .M.,  and  you  are  instructed 

to  notify  every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous 
to  said  meeting,  either  personally  or  by  leaving  a  written  notice  at  his  place  of 
residence.  You  will  indorse  on  this  notice  a  return,  showing  each  notification, 
w  .th  the  date  or  dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this  ..............  day  of  ...............  19  ---- 

(Signed.) 


I 


C  ............     D  ............  , 

Cleric  of  the  Township  Board. 


FORM   No.  2. 


Kotice  of  first  meeting  —  when  made  in  writing  to  be  left  at  the  house  of  every 

I  legal  voter. 


[See  sections  27,  28,  42.] 


o  C D , 

SIR — School  district  No of  the  township  of having  been^  formed 

by  the  township  board,  you,  as  a  legal  voter  in  said  district,  are  hereby  notified 

that  the  first  meeting  thereof  will  be  held  at ,  on  the day  of 

19 ,  at o'clock M. 

Dated  this day  of 19 

(Signed.)  A ,    B 

[The  person  appointed  to  give  notice.} 


270 


APPENDIX. 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)  by  Taxable  Inhabitant. 
[See  sections  27,  28,  42.] 

I,  A B hereby  return  the  within  (or  annexed)  notice,  bar- 
ing notified  the  qualified  voters  of  the  district,  as  follows : 


NAMES. 


DATE. 


How  NoTiFDa). 


A B January  1,  19 Personally. 

€ D January  1,  19 Written  notice. 

F January  2,  19 Personally. 

Dated  this day  of ,  19. ... 

(Signed.)  A B 

• 

FOBM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  m  District. 
[See  section  36.] 

To  the  Director  of  School  District  No ,  Township  of 

SIB — At  a  meeting  of  the  township  board  of  the  township  of held 

.,  19. . . .,  the  boundaries  of  school  district  No.  . .,  township  of , 

were  altered  in  such  manner  that  the  territory  of  said  district  now  includes  the 
following:  [Here  insert  the  description.] 

Dated  this day  of 19 

(Signed.)  C D 

Clerk  of  the  Township  Board. 

FOBM  No.  5. 

Notice  of  Meeting  of  Township  Board. 
[See  section  33.] 

NOTICE — A  meeting  of  the  township  board  of  the  township  of ,  will 

be  held  at ,  on  the day  of 19 ,  at 

o'clock  .".M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  before 
the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state  the 
alterations  proposed.] 

Dated  this day  of ,  19 

(Signed.)  A B , 

Cleric  of  the  Township  Board. 


APPENDIX. 

FORM  No.  6. 

Appointment  of  District  Officers  by  Toionship  Board-. 
[See  section  48.] 

undersigned  members  of  the  township  board  of  the  township  of 

d<    hereby  appoint  A B [director,  moderator  or  treasurer,  as 

tl  e  case  may  be]  of  school  district  No in  said  township,  the  district  board 

h  vlhg  failed  to  appoint. 

I  Dated  this day  of ,  19 
C D 
E F , 
G H , 
Township  Board. 


FORM  No.  7. 

Notice  to  Township  Board  requesting  it  to  flx  School  Site. 
[See  section  102.] 


1  o  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  the  legally  qualified  voters  resident  in  school  dis- 

t  let  No township  of  ,  county  of  ,  are  unable  to  fix  a 

*  'hool  site  for  said  district  and  you  are  hereby  requested  to  call  a  meeting  of  the 

t  )wnship  board  of  the  township  of ,  for  the  purpose  of  fixing  a  site  for 

E  lid  school  district. 

Dated  this day  of ,  19. ... 

(Signed.)  A B , 

Director. 


, 


FORM  No.  8. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Township  Board 

when  it  establishes  a  Site. 

[See  section  102.] 


The  inhabitants  of  school  district  No township  of  having 

Jailed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  township 
board  hereby  certifies  that  it  has  determined  that  the  said  site  shall  be  as  follows: 
|  Here  insert  description.] 

-     Given  under  our  hands  this day  of ,  19. . . . 

A B 

1C D. 
E F, 
Township  Board. 
FORM  No.  9. 

Notice  to  Toivnship  Board  of  consetit  to  consolidation  of  School  Districts  under  the 

General  School  Law. 

[See  section  34.] 

To  the  Township  Clerk  of Township: 

SIB— At  the  annual   meeting  of  the   legally   qualified   voters   of   school   district 
No township   of held 19 the   question    of 


272  APPENDIX. 


disbanding  the  present  organization  of  said  district  and  uniting  its  territory  with 

that  of  other  school  districts  was  submitted resident  taxpayers  of  the 

district  were  present.     The  result  of  the  vote  was  as  follows:    Number  of  votes  in 

favor  of  disbanding  the  district ;  number  of  votes  opposed*  to  disbanding 

the  district  You  are  hereby  notified  that  a  majority  of  the  resident 

taxpayers  of  said  school  district  No of  the  township  of has 

consented  to  the  disbanding  of  said  district  and  the  consolidation  of  its  territory 
with  other  districts  and  you  are  hereby  requested  to  call  a  meeting  of  the  township 

board  of   township  at  the  earliest  possible  date  to  consolidate  the 

territory  and  dispose  of  the  property  of  said  school  district  No ,  township 

of  

Dated  this day  of 19 

(Signed.)  A B 

Director.. 


FORM  No.  10. 

Petition  ly  resident  taxpayers  of  the  School  District,  giving  consent  to  the  dis- 
banding of  School  District  and  consolidation  of  territory. 

[See  section  34.] 

,  Michigan, ,  19 

To  the  Township  Board  of    Township,   County  of ,   State 

of  Michigan: 

The  undersigned,  resident  taxpayers  of  the  school  district  No ,  in  the 

township  of ,   do   hereby   give   consent  that   the   organization   of   said 

school  district  No ,  township  of ,  shall  be  dissolved  and  that 

the  territory  of  said  school  district  No of  the  township  of  

shall  be  divided  or  consolidated  with  other  school  districts  as  in  the  judgment  of 
the  township  board  may  be  deemed  best. 
(Signatures.) 


FORM  No.  11. 

Notice  of  Annual  Meeting. 
[See  sections  39,  41,  66.] 

NOTICE — The  annual  meeting  of  school  district  No of  the  township  of 

,  for  the  election  of  school  officers  and  for  the  transaction  of  such 

other  business  as  may  lawfully  come  before  it,  will  be  held  at ,  on 

Monday,  the day  of  July,  19 ,  at o'clock  .  .M. 

Dated  this day  of  July,  19. ... 

(Signed.)  A B 

Director. 


1  »  the 


AI'I'KXIUX. 


FORM  No.  12. 

'quest  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 


[See  section  40.] 


District  Board  of  School  District  No (or  to  A B , 

one  of  the  District  Board): 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of 

. ,  request  you,  in  pursuance  of  section  15,  of  chapter  II  of  the  general 

s  hool  laws  of  1881,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 


Dated  this day  of ,  19 

(Signed.) 


E F 

G H 

I K 

L..  M 


(NOTE  :     This  petition  must  be  signed  by  at  least  five  legal  voters.     If  it  is  a  question  upon 
v  tiich  only  taxpayers  vote,  it  must  be  signed  by  at  least  five  tax-paying  electors.) 


FORM  No.  13. 

Notice  of  Special  Meeting. 
[See  sections  40,  41.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No ,  in 

t  le  township  of ,  called  on  the  written  request  of  five  legal  voters  [or 

cilled  by  the  district  board,  as  the  case  may  be],  will  be  held  at  on 

t  le day  of ,  19 ,  at  ....  o'clock  . .  M.,  for  the  purpose 

[here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

((Signed.)  A B , 

Director. 
(\OTE:     Unless  tbe  business  to  be  transacted  is  given  in  the  notice  of  special  meetings,  it 
<mnot  come  before  the  voters.     The  board  should  not  call  a  special  meeting  of  the  district 
unless  the  voters  have  authority  to  act  upon  the  question  to  be  submitted.) 


FORM  No.  14. 

Appointment  of  District  Officers  by  District  Boards. 
[See  sections  48,  121,  324.] 

The  undersigned,  members  of  the  district  board  of  school  district  No 

t ownship  of  ,  do  hereby  appoint  A B [director, 

moderator,  or  treasurer,  as  the  case  may  be]  of  said  district  to  fill  the  vacancy 

<  reated  by  the  [removal,  resignation  or  death,  etc.]  of  C D , 

Ihe  late  incumbent. 

Dated  this day  of 19 

E F, 

G H. 


274  APPENDIX. 


FORM  No.  15. 

Acceptance  of  office  by  District  Officers,  to  ~be  filed,  with  the  Director  or  Secretary. 

of  Board. 

[See  sections  50,  121,  139,  322.] 

I  do  hereby  accept  the  office  of in  school  district  No., of 

the  township  of ,  county  of ,  Michigan. 

Dated  this day  of ,  19 

(Signed.)  A B 


FORM  No.  16. 
Affidavit  of  District  Officers  to  accompany  acceptance. 

[See  section  50.] 

• 

STATE  OF  MICHIGAN,  * 


,88. 

COUNTY  OF 

,  being  duly  sworn,  says  that  he  has  been  elected  to  the- 

office  of in  school  district  No of  the  township  of , 

that  he  is  a  legally  qualified  voter  in  school  meetings  of  said  district,  that  his 

name  appears  on  the  assessment  roll  of township  and  of  said  district, 

and  that  he  is  the  owner  in  his  own  right  of  the  property  so  assessed. 


Subscribed  and  sworn  to  before  me,  a 

,  this day  of 

,  A.  D.  19 


My  commission  expires, 


FORM  No.  17. 

School  Treasurer's  Bond. 

[See  sections  71,  323.] 

KNOW    ALL    MEN    BY    THESE    PRESENTS  I       That    W6,    A B... 

treasurer  of  school  district  No ,  township  of ,  county  of. 

and  state  of  Michigan,  and 


[his  sureties],  are  each  held  firmly  bound  unto  said  district  in  amounts  as  fol- 
lows: C D $ ;  E F $ ;  G H 

$ ;   I J $ ,  etc.,  the  total  amount  of  the  bond  being 

$ to  be  paid   to  said   district ;   for   the  payment   of   which   sums   and 

sum  well  and  truly  to  be  paid,  we  bind  ourselves,  our  heirs,  executors,  and  admin- 
istrators, jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  said 

treasurer  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  treas- 
urer of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or 
persons,  entitled  thereto  upon  the  proper,  order  therefor,  all  sums  of  money  which 
shall  come  into  his  hands  as  treasurer  of  said  district,  and  shall,  at  the  expiration 
of  his  term  of  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in 
his  hands  as  treasurer  aforesaid,  and  shall  deliver  to  his  successor  all  books  and 


APPENDIX. 


275 


pa  iers  appertaining  to  his  said  office,  then  this  obligation  shall  be  void,  otherwise 
of  full  force  and  virtue. 

•ealed  with  our  seals  and  dated  this day  of ,  19. ... 

A B ,  [L.S.] 

C D ,  [L.  8.] 

E F ,  [L.  8.] 

G H ,  [L.  8.] 

iigned,  sealed  and  delivered  in  presence  of 

TV  5  approve  the  within  bond. 

Signed.)  K L ,  Moderator. 

M N ,  Director. 

Justification  of  Sureties  on  the  foregoing  Bond. 

3 D and  E F and  G 

H  and  I J ,  the  sureties,  whose  names  are  sub- 

sc  -ibed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he  is  a 
re  udent  in  said  county  and  is  worth  the  sum  specified  after  his  name  in  said  bond, 
OA  ?r  and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from 
e:  ecution. 

Subscribed  and  sworn  to  before  me,  a in  and  for  said 

cc  inty,  this day  of ,  19.... 

W  7  commission  expires 

,  FORM  No.  18. 

Order  upon  the  Treasurer  for  Moneys  to  be  Disbursed  by  him,  with  Receipt 

attached. 

[See  sections  66,  71.] 

T  -casurer  of  School  District  No ,  Township  of : 

SIB — Pay    to the    sum    of dollars    out    of any 

moneys  in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order 
is  drawn,  as  "teachers'  wages,"  general,  etc.,]  fund,  on  account  .of  [here  state  the 
ol'Ject  for  which  the  order  was  drawn.] 

Dated  this day  of 19 

(Signed.)  A B 

Director. 
[Countersigned] 

C D ,  M-oderator. 

Received  of  E F ,  treasurer  of  school  district  No 

the  amount  specified  in  the  above  order. 

G H 

FORM    No.   19. 

Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 
[See  sections  66,  71,  84,  329.] 

treasurer  of  the  Township  of : 

SIB — Pay  to  A P, treasurer  of  school  district  No 


276  APPENDIX. 


in  'said  township,  the  sum  of .dollars,  out  of  [here  insert  the  particular 

fund],  in  your  hands  belonging  to  said  district. 

Dated  this day  of ,  19 

C.... D , 

D  irector. 
[  Countersigned  ] 
E..  F. .  .,  Moderator. 


FORM  No.  20. 

Notice  to  Township  Clerk  of  the  establishment  of  school  district  library. 

[See  section  131.] 

To  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  school  district  No of  the  township  of 

,  at  the  annual  [or  special]  meeting  held  on  the day  of , 

19....,  voted  to  establish  a  district  library  under  the  provisions  of  section  5745, 
C.  L.  1915,  as  amended.  You  are  hereby  requested  to  apportion  to  said  school  dis- 
trict its  just  proportion  of  any  books  now  in  the  township  library  of 

township  according  to  the  number  of  children  in  this  district. 

(Signed.)  A B , 

Director. 


FORM  No.  21. 

Notice  to  Township  Clerk  of  taxes  voted  by  School  District. 
[See  section  45.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You  are  hereby  notified  that  at  the  (annual)  meeting  of  legally  qualified  voters 

of  school  rustrict  No ,  township  of ,  the  following  taxes  were 

voted  to  be  spread  upon  the  property  of  the  district  for  the  ensuing  year  under 
the  provisions*  of  section  56G7,  C.  L.  1915,  as  amended: 

For  school  sites $ 

For  building  schoolhouse 

For   library '. 

For  indebtedness , 

[Specify  other  items.] 

Total  tax '. $ 

Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon,  the   taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 

Dated  at this day  of .,  19 

A B ,  Director. 

C D ,  Moderator. 

E F ,  Treasurer. 


FORM  No.  22. 

Notice  to  Township  Clerk  of  taxes  voted  by  district  board  under  the  provisions  of 

section  54. 

[See  section  54.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You  are  hereby  notified  that  the  district  board  of  school  district  No , 

township  of ,  at  a  meeting  of  said  board  held  on  the day 


AI'l'KNPIX.  277 


of ,19 estimated  and  voted  taxes  for  the  following  purposes,  to 

be  I  vied  upon  the  property  of  said  school  district  for  the  ensuing  year: 

Tea  hers'   wages $ 

Sch  ol  furnishings  and  appurtenances 

Car>    of  property 

Wa;  jr  supply 

Pre  limn  on   honcls 

Tra   sportation    of   pupils * 

Rec  rd  books  and  blanks 

Def  iencies    

Fla      and  flag  staff 

Fre>     textbooks 

Gen  ral   tuition .' 

Tui  ion  of  eighth  grade  pupils 


Total   $ 

S  id  sums  you  will  report  to   the  supervisor  to  be  assessed  upon  the  taxable 
pro  erty  of  said  district  in  accordance  with  the  provisions  of  law. 

I   ited  at this day  of ,  19 

A B ,  Director. 

C D ,  Moderator. 

E F ,  Treasurer. 


FORM  No.  23. 

Not  ce  by  the  Township  Treasurer  to  the  Township  Cleric  of  Moneys  to  be  Appor- 
tioned to  Districts. 

[See  sections  84,  85.] 

To    he  Clerk  of  the  Township  of ,  County  of : 

S  R — I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts 

of  this  township  the  following  moneys:  - 

Primary   school   interest  fund $ 

Lib  ary  moneys  received  from  county  treasurer , 

One  mill    tax 

Disi  rict  taxes ' 

Spe  nal   funds 

Dated  this day  of ,  19 

A B 

Township  Treasurer. 


FORM  No.  24. 

lice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment 

of  Moneys  to  Districts. 

[See  sections  75,  76.] 

V)  the  TmiMim  r  <>f  tin-  Tnirnnhip  of ,  County  of : 

Sin     Herewith  lind  a  statement  of  the  number  of  children  of  school  age  in  each 
sch  ...1  district   of  this  township,  entitled  to  draw  public  moneys,  and  the  amount 
~  moneys  apportioned  to  each  of  said  districts: 


It 


278 


APPENDIX. 


Districts. 

No.  of  children  in 
district. 

Primary  school  in- 
terest fund. 

Library  moneys. 

One-mill  tax. 

f« 

! 

Total  to  each  dis- 
trict. 

District  No.  1  

$  

$  

$  

$  

$  . 

$  .   ... 

District  No.  2,  fr'l  

Totals 

$ 

$ 

$ 

| 

$ 

$ 

* 

i 

Dated  this day  of ,  19 


FOBM  No.  25. 

Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 

[See  section  76.] 

A B ,  Director,  School  District  No ,   Township 

of : 

SIB — The  amount  of  school  moneys  apportioned  to  school  district  No , 

township  of ,  is  as  follows : 

Primary  school  interest  fund I 

Library  moneys  received  from  county  treasurer 

One-mill   tax ' 

District  taxes 

Special   funds 


Total 

Dated  this ......day  of ,  19 


Township  Clerk. 


FORM  No.  26. 

Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  district  taxes  to  be 

assessed. 

[See  section  74.] 

Supervisor  of  the  Township  of ,  County  of : 

SIB — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  pro- 
posed to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school 


APPENDIX. 


279 


dis  ricts  of  this  township,  as  the  same  appears  from   the  reports  of  the  district 
boji  rds  of  the  several  districts  now  on  file  in  my  office: 


Districts. 

For  teachers  ' 
wages. 

For  building 
purposes. 

For  free  text- 
books. . 

£* 

a  1 

£* 

6 

i 

§ 
i 

s 

i 

Tj 

Diet   ct  No  1 

$ 

$..   .. 

$.   . 

$ 

i 

$ 

$ 

1 

I 

| 

Dist   ct  No.  2,  fr'i  

^  /hich  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  dis- 
tri  ts  in  accordance  with  the  provisions  of  law. 
j  >ated  this day  of ,  19 

I  A B , 

Township  Clerk. 


FORM  No.  27. 

Deed  to  school  cUstrict. 

[See  section  53.] 


]  INOW  ALL  MEN  BY  THESE  PRESENTS  :  That  A B and 

C D ,  his  wife,  of  the  township  of ,  county 

of and  state  of ,  part.,  of  the  first  part,  for  and  in  con- 

sid  jration  of  the  sum  of dollars,  to paid  by  the  district  board 

of  ;chool  district  No ,  of  the  township  of ,  county  of 

and  state  of  Michigan,  the  receipt  whereof  is  hereby  acknowledged,  do.,  hereby 

grant,  bargain,  sell,  and  convey  to  school  district  No aforesaid,  the  party 

of  the  second  part,  and  their  assigns  forever,  the  following  described  parcel  of 
land,  namely  [here  insert  description]  ;  together  with  all  the  privileges  and  appurte- 
nances thereunto  belonging,  to  have  and  to  hold  the  same  to  the  said  party 
of  the  second  part  and  their  assigns  forever.  And  the  said  part.,  of  the  first 
pait  for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
baigain,  and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  assigns, 
that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were 
we  1  seized  of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute 
and  indefeasible  estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said 
lands  and  premises  are  free  from  all  encumbrances,  whatever;  and  that  the  above 
bargained  premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the  whole  or  any  part  thereof,  they  will  forever  warrant  and 
del  end. 

]  n  witness  whereof,  the  said  A B and  C 

D ,  his  wife,  party  of  the  first  part,  have  hereunto  set  their  hands 

Kil  seals,  this day  of ,  19 
A B [SEAL] 
C I) [SEAL] 
ittgned,  sealed  and  delivered  in  presence  of 

E F 

G H 

STATE  OF 

Co  inty  of 

On  this day  of ,  in  the  year  one  thousand  nine  hundred 

an  1 before  me,  J K a in  and  for 


280  APPENDIX. 


said  county,  personally  appeared and ,  his  wife,  to  me 

known  to  be  the  same  persons  described  in  and  who  executed  the  within  instru- 
ment, who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 
Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

J K ,  [SEAL] 


My  commission  expires 


FORM  No.  28. 

Lease  to  school  district. 

[See  section  53.] 

KNOW   ALL   MEN  BY  THESE  PRESENTS  '.       That  A B ,   Of  the 

township   of county   of ,   and    state   of 

of  the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto 

school  district  No ,  in  the  township  of ,  county  of . . . ; 

and  state  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following 
parcel  of  land,  to  wit :  [here  insert  description]  with  all  the  privileges  and  appur- 
tenances thereto  belonging;  to  have  and  to  hold  the  same  for  and  during  the  term 

of years    from    the day    of ,    19....      And    the 

said  party  of  the  second  part,  for  themselves  and  their  assigns,  do  covenant  and 
agree  to  pay  the  said  party  of  the  first  part,  for  the  said  premises,  the  annual  rent 

of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals 

this day  of ,  19 

A B ,   [SEAL] 

Lessor. 

C D , 

E F ,  [SEAL] 

G H , 

Board  of  Sdwol  District  No of  the Township. 

Signed  and  sealed  in  the  presence  of 

I R 

L..  M.. 


FORM  No.  29. 

Contract  for  building  a  schoolhouse. 
[See  section  53.] 

Contract  made  and  entered  into  between  A B ,  of  the  town- 
ship of ,   in   the  county   of .  .*. ,   and   state   of   Michigan,   and 

C D E F ,  and  G H , 

composing  the  district  board  of  school  district  No of  the  township  of 

,  in  the  county  of ,  and  state  of  Michigan,  .and  their  suc- 
cessors in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as 

hereinafter  specified,  the  said  A B hereby  agrees  to  build  a 

schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the  plans 

and  specifications  for  the  erection  of  said  house  hereto  appended  and  approved  by 
the  superintendent  of  public  instruction  for  the  state  of  Michigan,  and  at  such 
point  in  said  district  as  said  district  board  may  designate.  The  said  house  is  to 


APPENDIX. 


b>    built  of  the  best    material  in  a  substantial,  workmanlike  manner,  and   is  to  be 
c  mpleted   and   delivered    to   the   said    district   board   or   their    successors    in    office, 

f:  »e  from  any  lieu  for  work  (lone  or  material  furnished,  by  the day  of 

,19 And  in  case  the  said  house  is  not  finished  by  the  time  herein 

s:  ecified,    the    said    A B shall    forfeit    and    pay     to    the 

8;  id  district  board  or  their  successors  in  office,  for  the  use  of  said   district,   the 

s  m  of    dollars,  and  shall   also   be  liable   for   all   damages    that  may 

r  suit  to  said  district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district. 

1    relty  agrees  to  pay  the' said  A B the  sum  of 

<:  .liars    when    the    foundation    of    said    house    is    finished:    and    the    further    sum 

<    dollars   when   the   walls   are   up   and    ready    for   the   roof;   and   the 

r  maining  sum  of dollars  when  fhe  said  house  is  finished  and  delivered 

:i     herein  stipulated.     It  is  further  agreed  that  this  contract  shall  not  be  sub-let, 
t  ansferred.  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of 10-.  ... 

B. 


r  

Contractor. 
I)  , 

E  

F  

G  

II  

District  Board. 

FORM  No.  30. 

Contract  between  district  board  and  teacher. 
[See  sections  58,  122,  327.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district 

I'o in  the  township  of county  of ,  and  state  of 

3 [irhigan.  and  A B a   legally   qualified   teacher  in   said 

( •  unity  and   township,  that  the  said   A B shall  teach  the 

>  -hooi  of  said  district  for  the  term  of months,  commencing  on  the 

<  ay  of 19 ,  and  that  there  shall  ho vacation  periods  of 

days  beginning  on  the  following  dates  : 

The    said    A Ii airreox    to    faithfully    keep    a    correct    list 

(f  the  pupils,  grade  and  age  of  each  attending  school;  to  faithfully  observe  and 
enforce  the  rules  and  regulations  established  by  the  district  board  of  said  district 
for  the  external  management  of  said  M-hool  and  endeavor  to  preserve  in  good  con- 
(itiou  and  order  the  school  grounds,  furniture  and  such  other  district  property  as 

i  lay  come  under  h  .  .  .  .  supervision.      The  said  A B further 

;  greee  to  teach  the  subject  <>f  physiology  and  hygiene  with  special  reference  to 
tin-  i-nVcis  of  alcoholic  drinks  and  narcotics  as  is  required  by  law.  also  to  give 
instruction  in  regard  to  the  mode  by  which  dangerous  communicahl<  £  are 

i-prcad.  the  best  methods  for  the  restriction  and  prevention  of  such  di<ease<.  and 
will  rejMirt  the  facts  in  regard  to  all  such  instruction  to  the  director  at  the  close 

•  !'  the  school  term  or  year.     The  said  A B furtl  > 

io  prepare  a   report   at    the  close  of  the  school    term   or  year   showing  the   foregoing 

!acts.  also  the  number  of  days  each  pupil  attended  school,  the  aggregate  attend- 
,ncc.  the  average  daily  attendance,  and  the  percentage  of  attendance,  together 
vith  such  other  items  as  the  said  district  board  or  tin-  eominissioner  of  schools 
may  require,  and  that  ail  this  information  and  all  these  reports  shall  be  placed  in 
he  hands  of  the  director  at  the  elose  of  the  school  term  or  year  and  prior  to 
•eceiving  the  waue-  for  the  last  month's  labor. 

The  said  A P, further  agree<  to  give  instruction  in  such 

other  brandies  as  the  law  may  require  and  carry  out  the  course  "f  study  prescribed 
for  said  district 


282  APPENDIX. 


The  said  district  board,  in  behalf  of  said  district,  agrees  to  provide  a  water 
supply  for  the  school,  to  keep  the  schoolhouse  in  good  repair,  and  the  school 
grounds  in  good  and  sanitary  condition,  to  provide  proper  and  necessary  fuel, 

10  provide  a  janitor,  or  allow  the  teacher dollars  per  month  for  such 

service,  to  purchase  and  place  in  the  schoolroom  the  necessary  appendages  speci- 
fied in  the  law,  to  provide  the  teacher  and  pupils  with  proper  charts  and  appliances 
for  giving  instruction  in  the  subjects  above  mentioned,  and  to  do  all  things  that 

will  promote  the  welfare  and  success  of  the  school,  and  to  pay  said  A 

B for  said  services  as  teacher,  to  be  faithfully  and  truly  rendered  and 

performed  as  above  stated,   the   sum  of dollars   per  month,  the   same 

being  the  amount  of  wages  agreed  upon,  to  be  paid  on  or  before  the 

day  of ,  19. . .  ;  provided,  that  in  case  the  said  A B 

shall  be  dismissed  from  school  by  the  said  district  board  for  gross  immorality  or 
violation  of  this  contract,  or  shall  permit  h . .  certificate  of  qualification  to  expire, 
or  shall  have  said  certificate  annulled  or  suspended  by  the  county  board  of  school 
examiners  or  other  lawful  authority,  h..  shall  not  be  entitled  to  any  compensation 
from  and  after  such  annulment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this 

day  of ,  19 

C D ,  Director. 

E F ,  Moderator. 

G H ,  Treasurer. 

A B ,  Teacher. 


APPENDIX. 


283 


1 


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284 


APPENDIX. 


FORM  No.  32. 

Office  of  Commissioner  of  ScJwols. 
[See  section  394.] 

,  Michigan, , 


DEAR  TEACHER — By  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905,  as 
amended,  each  teacher  is  required  to  examine  the  census  list  furnished  her  by 
the  director  at  the  opening  of  school,  and  report  to  the  commissioner  the  names 
of  any  children  who  are  not  in  attendance  at  the  public  school.  I  would  like  to 
have  you  report  to  me  each  month  and  at  any  time  when  there  are  any  cases  of 
non-attendance.  You  will  please  fill  out  on  the  appended  form  the  names  of  children, 
their  parents,  and  addresses  in  all  cases  where  the  children  are  not  in  regular 
attendance  and  forward  the  same  to  me  at  once. 

Very  respectfully, 


Commissioner  of  Schools. 


FORM  No.  33. 

Notice  to  commissioner  of  schools  ~by  teacher  of  cases  of  truancy. 
[See  section  394.] 

,  Michigan, ,  19. 


County  Commissioner  of  Schools: 
SIR — You   are  hereby  notified  that  the  following  children,  residents  of  district 

No.    . . . .' ,  township  of ,  are  not  in  regular  attendance  at  the 

public  school : 


NAME    OF    CHILD. 

NAME    OF    PARENT. 

ADDRESS. 

* 

Very  respectfully, 


Teacher. 


FORM  No.  34. 

Notice  of  commissioner  of  schools  to  county  truant  officer. 
[See  sections  394,  395.] 

.,  Michigan, ,19 


Truant  Officer  of County: 

SIR — You  are  hereby  notified  that  the  following  named  children  in  the  districts 
and  townships  specified  are  not  in  regular  attendance  at  the  public  schools.    By  the 


APPENDIX. 


I  -©visions  of  Act  No.  200  of  the  Public  Arts  of  l!M)."i.  as  amended,  you  are  hereby 

r  quested  to  investigate   tin-  <>f  truancy  <>r   non-attendai  ;!ool   as   is 

I    ovided  in  said  act 


VAMK   OF    (II  II.  I). 

NAMK    of    I'AKI   \  I. 

ADD* 

DISTRICT. 

TOWN  SHU'. 

Yours  respectfully. 

"l;i 


FORM  No.  35. 

\oticc  to  parents  or  guardian*  >n  rural  aixtrU-tx  in  reijnrd-  to 
[See  section  :jir,.| 


Michigan, ,  10. 


ro  ........................  : 

You  are   hereby  notified   that  ............  ,  a  child  at  least  seven  years  of  age 

mil  under  sixteen  years,  and  under  your  legal  control,  is  not  attending  the  public 
;<-hool  as  is  required  l.y  Art  No.  200  of  the  Public  Acts  of  1905,  as  amended.  You 
ire  hereby  directed  to  send  said  child  to  the  public  school  in  your  district  on  the 
lay  following  the  receipt  of  this  notice  at  nine  o'clock,  with  the  necessary  books 
,'or  instruction,  and  you  are  further  notified  Uiat  said  child  must  be  in  regular 
md  consecutive  attendance  at  school  during  the  remainder  of  the  school  year  as 
•aughl  in  your  district. 

Yours  respectfully. 
Served  ...............   10  ----  ............................... 


Truant  Officer. 


FORM  No.  36. 

Notice  to  teacher  of  formal  iiotif-e  to  pan  nt. 
[See  serf  ion  :\\\7i.\ 

..  Michigan.  . 


B   hereby   nnfilii'-l    that   on 10....,   formal  notice  was   served 

OB that    the   child under   his   control   should  be  in    regular 

and  c(»n>ecutive  attendance  at  public  school  beginning  on  the  day  following  the 
receipt  of  the  notice.  Please  gi\e  me  immediate  notice  should  the  parent  fail  to 
perform  his  duty  in  accordance  therewith. 

Yours  respectfully. 


County  Truant  Offioor. 


286 


APPENDIX. 


FORM  No.  37. 

Notice  Z>i/  teacher  (or  commissioner)  to  truant  officer. 
[See  section  395. j 

,  Michigan, 


....,19. 


Comity  Truant  Officer, 


SIR — You  are  hereby  notified  that the  child 

of of  district  No ,  township  of did  not 

begin  attendance  at  the  public  school  on  the  date  stated  in  formal  notice,  nor 

has been  in  attendance  since. 

Respectfully, 


Teacher   ( or  Commissioner. ) 


FORM  No.  38. 

Notice  to  truant  officer  in  city  or  village. 
[See  section  395.] 

.,  Michigan, ,19. 


Truant  Officer  of City  (or  Village  or  Township)  : 

SIR — You  are  hereby  notified  that  the  following  named  children  in  this  city  (or 
village)  are  not  in  regular  attendance  at  the  public  schools.  By  the  provisions  of 
Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are  hereby  requested  to 
investigate  these  cases  of  truancy  or  non-attendance  at  school,  as  is  provided  in 
said  act. 


NAME    OF    CHILD. 

NAME   OF   PARENT. 

ADDRESS. 

Yours  respectfully, 


Superintendent. 


FORM  No.  39. 

Notice  to  parents  or  guardians  in  cities  or  villages. 
[See  section  395.] 

,  Michigan, ,19 

To  M... , 

No Street  : 

You  are  hereby  notified  that ,  a  child  at  least  seven  years 

of  age  and  under  sixteen  years,  and  under  your  control,  is  not  attending  the  public 


APPENDIX. 


287 


s<  hools  as  is  required  by  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended. 

}  )u  are  hereby  notified  to  cause  said to  begin  regular  and  consecutive 

ji  tendance  at  the  public  school  on   the  day  following   the   receipt  .of  this  notice 

{i     nine  o'clock  at  the school,  and  you  are  further  notified  that 

s  .id  child  must  be  in   regular  and  consecutive  attendance   during   the   remainder 
o  '  the  school  year. 

Respectfully, 
19. 

Truant 


FORM  No.  40. 


commissioner  of  schools,  6j/  teacher,  of  deaf  children  not  in  attendance 
at  schools  for  the  deaf. 


[See  section  400.] 


Michigan, ,  19 


County  Commissioner  of  Schools: 
SIR — You  are  hereby   notified   that   the  following  named   children,  residents  of 

listrict  No ,   township  of ,   have   such  defective   hearing 

hat  they  cannot  be  taught  in  the  public  schools,  and  are  not  attending  schools 
'or  the  deaf. 


NAME    OF    CHILD. 

NAME   OF   PARENT. 

ADDRESS. 

Yours  respectfully, 


Teacher. 


FORM  No.  41. 

\fitirc  of  commissioner  or  trunnt  officer  to  superintendent  of  State  School  for  the 

Deaf. 


[See  section  400.] 


Michigan 19 


of  >v//oo/  f,,r  tin-   Deaf.   Flint. 

SIR — You  are   hrn-l.y   notified   Mint   the  following  named   children   in   the  districts 
and  townships   sprfiiied   have  such  defective   hearing   that    they  cannot  be   taught 


288 


APPENDIX. 


successfully  iri  the  public  schools,  and  are  not  attending  any  institution  for  deaf 
children. 


NAME  OF  CHILD. 

NAME  OF   PARENT. 

ADDRESS. 

DISTRICT,  TOWNSHIP  OR  CITY. 

Yours  respectfully, 

Commissioner  or  Truant  Officer. 


FORM  No.  42. 

Notice  to  parents  or  guardians  l)y  truant  officer. 
[See  section  400.] 


To. 


Michigan, ,19 


You  are  hereby  notified  that . ,  a  child  seven  years  of  age  and 

under  eighteen  years,  and  under  your  legal  control,  is  reported  to  me  as  having 
such  defective  hearing  as  makes  it  impossible  for  such  child  to  be  instructed  in 
the  public  schools,  and  that  said  child  is  not  attending  any  school  for  the  deaf  as  is 
required  by  Act  No.  48  of  the  Public  Acts  of  1907.  It  is  your  duty  and  you  are 
hereby  directed  to  send  such  child  to  a  day  school  for  the  deaf  or  to  the  State 
School  for  the  Deaf  at  Flint,  or  some  other  school  for  the  deaf,  in  accordance  with 
the  provisions  of  said  act. 

Yours  respectfully, 

Served ,  19. ... , 

Truant  Officer. 


FORM  No.  43. 

Notice  to  truant  officer  of  blind  children  not  m  attendance  at  State  School  for  the 

BUnd. 


[See  section  402.] 


Michigan, ,19 


Truant  Officer  of County  (village,  city  or  twvnship) : 

SIR — You  are  hereby  notified  that  the  following  named  children  under  your 
jurisdiction,  between  the  ages  of  seven  and  nineteen  years,  and  who  by  reason 
of  defective  eyesight  are  unable  to  receive  instruction  in  the  public  schools,  are 
not  in  attendance  at  the  Michigan  School  for  the  Blind.  Under  authority  of  Act 
No.  116  of  the  Public  Acts  of  1907,  you  are  hereby  requested  to  investigate  these 


APPKMUX. 


ca  as  ami  report   to  the  Superintendent   of  the  School  for  the  Blind  at  Lansing  at 
th    earliest  pos>il.le  date  the  facts  in  regard  to  these  children. 


.*    \MK  OF  CHILD.  NAME  OF   PARENT. 


ADDRESS. 


DISTRICT,  TOWNSHIP  OR  CITY. 


Very  respectfully, 
('oiintif  fifunnixMioner  of  Schools  or  Superintendent  of  School  for  the  Hlin<l. 

FORM  No.  44. 

Notice  to  truant  offin  r  to  proceed  against  the  parent. 
[See  section  402.] 

,  Michigan, ,19 

Truant  Officer  of county,  city,  or  township: 

SIR — You   are   hereby  notified   that   the  following  named   children   between   the 

j  ges  of  seven  and  nineteen  years  are  not  in  attendance  at  the  State  School  for  the 

I'.lind  in  accordance  with  the  provisions  of  Act  No.  116  of  the  Public  Acts  of  1907, 

;  ml  you  are   herehy  directed   to  proceed  against  the  parent  or  guardian  of  such 

hi  Id  ron  under  the  i  in » visions  of  Act  No.  200  of  the  Public  Acts  of  1905  as  amended. 

NAME  OF  CHILD.  NAME  OF   PARENT.  ADDRESS.  DISTRICT,  TOWNSHIP  OR  CITY. 

Very  respectfully, 
Superintendent  of  School  for  the  Blind. 

FORM  No   -t.". 
.\liltlirntiitn    for    I'lii/nn-nt    of    Tuition. 

[See  section  ."us  ] 

Michigan 19 

tlit    IHxtrh-t    It'Hinl  of  Xr/ioo/   Distr'u-f    \o Totvnship  of 

Count!/.    MirJiif/an  : 

This  is  tn  certify  that    I  am  a    n-ident   of  school  district  No of  the 

•  uship  of county  of ,  and  the of 


290  APPENDIX. 


who  has  completed  the  studies  of  the  first  eight  grades  and  holds 

a    county   eighth   grade   diploma    (or   has   completed   eight   grades   of   work   in    a 

graded  district)  and  desires  to  attend  the  high  school  at during  the 

ensuing  year.  I  therefore  request  that tuition  be  paid  by  the  dis- 
trict in  accordance  with  the  provisions  of  Act  No.  65  of  the  Public  Acts  of  1909,  as 
amended. 

(To  be  signed  &?/  parent,  legal  guardian  or  person  in  parental  relation.) 


(NOTE  :     This  application  must  be  filed  on  or  before  the  fourth  Monday  of  June  preceding 
for  which  tuition  is  to  be  paid.     Application  must  be  made  each  year  that  the  child 


the  year 

desires  to  attend  high  school.) 


FORM  No.  46. 

Form  of  Petition  to  be  presented  to  Township  Board,  for  the  Organization  of  a 

Township  Unit  District. 

[See  section  294.] 

,  Michigan ,  19 

To  the  Township  Board  of Township,   County,  Michigan: 

The  undersigned,  qualified  school  electors  of  the  township  of ,  county 

of ,  state  of  Michigan,  do  respectfully  request  that  the  proposition  of 

organizing  said  township  into  a  single  school  district  under  the  provisions  of  Act 
No.  117  of  1909,  as  amended,  be  submitted  to  the  people  of  the  township  at  a 
(regular  or  special)  election  to  be  called  by  your  honorable  board  in  accordance 
with  the  provisions  of  section  1  of  said  act. 


FORM  No.  47. 
Application  for  Employment  Permit. 

For  children  from  15  to  16  years  of  age,  under  Section  10,  Act  285,  Public  Acts 
of  1909,  as  amended  by  Act  220,  Public  Acts  1911,  and  Act  255,  Public  Acts  1915, 
and  Act  280,  Public  Acts  1917. 

SCHOOL   RECORD. 

,  Mich., 19 

Sg  S  This  is  to  certify,  That .has  been 

|?g  &  a  regular  attendant  at  the school  as  required 

!,*<"£  by  law.     Said  child  has  regularly  attended  said  school  more  than  one 

o^«  hundred  days  during  the  school  year  previous  to  arriving  at  the  age  of 

^o^  fifteen,  or  during  the  year  just  previous  to  this  date,  and  is  able  to  read 

£«|j  intelligently   and   write   legibly   simple   sentences   in   the   English   lan- 

^•33  guage,  and  has  passed  satisfactorily  the  work  of  the  school  up  to  and 

§.5^  including  the  work  of  the  sixth  grade  as  provided  in   the  course  of 

S  kg  study  of  the  public  schools,  or  in  case  of  schools  other  than  the  public 

•c>»g  schools  the  equivalent  thereto. 

The  records  of  this  school  show  the  age  of  child  to  be. 


years  ;  residence  .............  .St.,  and  ...............  as 


Signed 


Principal  or  Executive  Officer. 


APPENDIX.  291 


•g     ^o£  TRANSCRIPT   OF   RECORD    OF   BIRTH. 

*  « **S 

«  iS  *°  ,  Mich., 19. ... 

^  J  5  a 

I  >£•>£  /  Hereby  Certify,  That  the  f<»ll<>\\ -ing  is  a  true  transcript  of  the  record 

c  ^tcja  of  the  birth  of as  shown  by  the 

*  ?•§  c  S         record  of   

•£  3Jg  2^  (State  from  what  record  taken.) 

^  •>    USE  I  Mace  of  Birth.. 


I 

II 


Date  of  Birth 


(Official  Title.) 


STATEMENT  BY  PHYSICIAN  OF  BOARD  OR  DEPARTMENT  OF   HEALTH. 

b  6 

*>*:=•£  This  is  to  Certify,  That  I  have  examined 

and  in  my  opinion he  is  fifteen  years  of  age  or  upwards,  is  in 

Jjug  sound  health  and   physically   able  to  perform   the  work he  intends 

-a  £  °    -c  to  do.  and  that  the  weight  of  said  child  is Ibs.  and 

«'£  -a-oS  height feet inches. 

<1I|  II  Signed 

£So£e,  Physician. 


5Ci£  STATEMENT    BY    PARENT    OR    GUARDIAN. 

/  Hereby  Certify,  That 

3  oo»  was  born  in  the ,  State  of 

«^£o>  on    the day    of 19 ;    is    now years 

Se£.S            of  age;  and  neither  the  above  official  or  religious  record  of  birth  can 
0  »  m**  be  procured,  and  that  I  am  the of  said  child 


Signed 

(Parent  or  Guardian.) 


j          STATE  OF  MICHIGAN, 

/ 


County  of. 

On  this day  of 

5  o  a,^2          19 ,  personally  appeared  before  me, 

who  beintf  sworn  according  to  law,  deposes  and  says  that  the  foregoing 
*£  £  gS          statement  is  in  every  respect  true. 
g-2 1  "2  Signed 

H       S"O 

oggg  (Issuing    Officer.) 

Issuing  Officer  will  detach  here  and  return  these  Reports  to  Applicant. 


One  of    these   blanks   must   be   filled    out, 
and  either  delivered  or  mailed   to  the  officer 
who    granted    the   employment    permit   each 
month.      If    child    is    unemployed    it    must 
tt ••in i  school. 


/MX  i*  to  Certify,  That, 


to  whom  you 


issued  Employment  Permit  No. 
is  employed  by 


f  Parent. 


Dated 19.... 


One  of  these  blanks  must  be  filled  out, 
and  either  delivered  or  mailed  to  the  officer 
who  granted  the  employment  permit  each 
month.  If  child  is  unemployed  it  must 
attend  school. 


Thin  is  to  Certify,  That. 


Employment  Permit  No. 


.to  whom  you 


employed   by 


at 


fParent. 
'1  Guardian. 


Dated 19.... 


292  APPENDIX. 


FORM  No.  48. 

No 

Employment  Permit  for  Children  over  lo  and  under  10  Years  of  Age. 

Under  section  10,  Act  No.  285,  Public  Acts  1909,  as  amended  by  Act  220,  Public 
Acts  1911,  Act  255,  Public  Acts  1915,  and  Act  280,  Public  Acts  1917. 

On  termination  of  the  employment  of  the  child  the  employer  must  forthwith  su 
render  this  permit  to  the  child. 

A  permit  is  necessary  during  vacation  as  well  as  during  school  year. 

Name  of  Child 

Present  Home  or  Residence Street 

City  or  Town 

Date  of  Birth 

Place  of  Birth , 

Description  of  Child  :     Color  of  Hair Color  of  Eyes 

Height ft in.     Weight Ibs. 

Distinguishing  Facial  Marks 

Signature  of  child * 


ic 


,  Michigan,  ,  19 

This  is  to  Certify,  That  I  have  this  day  received  and  filed  all  papers  required 
by  Sec.  10,  Act  285  of  the  Public  Acts  1909,  as  amended  by  Act  220,  Public  Acts 
1911,  Act  255,  Public  Acts  1915,  and  Act  280,  Public  Acts  1917,  and  that  I  have 

examined  the  above  named  child  and  that he  can  read  intelligently  and  write 

legibly  simple  sentences  in  the  English  language  and  that ....  he  has  reached  the 

normal  development  of  a  child  of age,  and  is  in  sound  health,  and he 

is  physically  able  to  perform  the  work  which he  intends  to  do,  and  that  the 

services  of  the  child  are  essential  to  the  support  of  itself  or  parent. 
/,  Therefore,  grant  hereby  to  said  child  permission  to  be  employed. 

Signature 

Issuing  Official. 


FORM  No.  49. 
Application  for  Limited  Vacation  Employment  Permit. 

For  children  between  15  and  16  years  of  age,  under  Section  10,  Act  285,  Public 
Acts  of  1909,  as  amended  by  Act  220,  Public  Acts  of  1911,  and  Act  255,  Public  Acts 
of  1915,  Act  280,  Public  Acts  of  1917. 


TRANSCRIPT    OF    RECORD    OF    BIRTH. 

,  Michigan ,  19. ... 

/  Hereby  Certify,  That  the  following  in  a  true  transcript  of  the  record 

55 ^|         of  the  birth  of as  shown  by  the 

record  of   

%A  (State  from  what  record  taken.) 

Place  of  Birth 

Date   of  Birth 

Signed   


(Official  Title.) 


APPENDIX. 


-I  VII.M1   CTl    MY     PKYBICIAU     OF    HOARD    OR    DEPARTMENT    OF    HEALTH. 

|  ..  =  =r  77"'x   '•<   >'"   'v'' •'/."•   TIl:it    J   l»»v»'  examined , 

f  :  a,  £  e  and    in    my    opinio,i .  .  .  .ho    is    fifteen    years    of    ag»-    or    upwards,    is    in 

sound    health    and    physically   aide    to    perform    the    work.... he    intends 

~'  ,^.z"~        to   do.  and    that    the   weight    of   said   child    i< Ibs.    ami 

:i  :'~~E        height feet inches. 

Signed    

o,  l'h\  sicinu. 

•;   =iS  STATEMENT    BY    PARENT    OR    GUARDIAN. 

I  £.•§  /   Ilwbu  (\rtifif.  That 

-  =  f  .*  was  horn  in  the State  of 

-  Jg i  on    the day    of P.)....;    is    now \ 

:  ^^             of  age:  and  neither  the  above  official  or  religious   record  of  birth  can 
be  procured,  and  that  I  am   the of  said  child 

=  u  a  5  Signed    

•~.^.~=  (Parent    or    Guardian.) 

-  |f  §  .          STATE  OF  MICHIGAN. 

.  -^  -_  ?  i          County  of 

On  this day  of 

10 personally  apjK'ared   before  me 

t^^          who  being  sworn  according -to  law,  deposes  and  says  that  the  foregoing 
statement    is  in  every  re:-pect  true. 

li*!^  Signed    

3.  U  c  -  (Issuing  Officer.) 

FORM  No.  50. 
\To 

'Amitttl    Ytn-ntlnti   />'/// itl(tjnnrnt   I'rrmit   for  Children  between  15  and  16  Years  of 

Aye. 

Tnder  Section  lo.  Act  No.  2S.1.  Public  Acts  1909,  as  amended  by  Act  220,  Public 

I'.Hl  :  Act   2.V..  Public  Acts  1!H."i.  and  Act  280,  Public  Acts  1917. 
On    termination    of    the    employment   of  the   child    the   employer    must    forthwith 
>urrondor  this  permit    to  the  child. 


ame  of  Child   

eni    Home  or  Residence Street 

City  or   Town 

Date  of  Mirth 

Place   of    I'.irth 

Description   of   Child:      C..lor  of   Hair ro|..r    F.ycs 

Nlri-ht    ft in.      Wright Ibs. 
>istinguishing   Facial   Marks 
tnre   <»f    child 
Mich l: 

7'/*/.s-   /x   to  Ccrtifi/.   That    I    havr   this   day    received    and    fi:ed   all    papers    required 
by   Sec.    lo.    Ad    L>:,   ,,f   the   Public    Act^    1!M>!».   a.   amended    by    Act    L'.'II.    Publi.- 
1911.   Act    2:..-.    Public   Acts    HUT,,   and    Act    2M>.    Public   Actfl    11H7.   and    that    I    have 
examined    the  above   named   child   and    that.... he   has   reached    the   normal   develop- 


294  APPENDIX. 


men-t  of  a  child  of age,  and  is  in  sound  health  and he  is  physically 

able  to  perform  the  work  which he  intends  to  do. 

/,  Therefore,  grant  hereby  to  said  child  permission  to  be  employed  during  the 

vacation   ending,   MONDAY,    SEPTEMBER 19 ,    Saturday day   of 

19 ,  Holiday day  of 19 

Signature 

Issuing  Official. 


FORM  No.  51. 

Notice  to  Compel  Board  to  Submit  Question  of  Adoption  of  Free  Text-books. 

[See  section  230.] 

To  the  School  Board  of  District  No ,   Township  ~of 

County  of ,  and  State  of  Michigan: 

We,  the  undersigned  legal  voters  and  taxpayers  of  said  district,  request  your 
board  to  place  upon  the  notice  for  the  annual  meeting  of  said  district  a  notice  that 
the  legal  voters  will  be  asked  to  vote  upon  the  question  of  the  adoption  of  free  text- 
books for  said  district. 

Signed : 


Dated  this day  of ,  A.  D.  19 

(NOTB  :     This  petition  must  be  signed  by  at  least  five  legal  tax-paying  electors.) 


FORM   No.  52. 

Form  of  Notice  Used  by  Truant  Officer  Compelling  School  Boards  to  Repair  Out- 
houses. 

[See  section  394.] 

,  Mich., 19.... 

Notice  was  served  on  the  district  board  of  district  No ,  town- 
ship of ,  county  of ,  Michigan,  for  placing  the 

outhouses  in  sanitary  condition. 

(boys'  or  girls') 

This  notice  was  served  on ,  personally, 

(by  registered  mail).     The  district  was  given days  from  the  date  hereof 

to  do  the  work. 


County  Truant  Officer. 


FORM  No.  53. 

Notice  to  Teacher  of  Notice  to  Board  to  Repair  OutJi&uses. 
[See  section  394.] 

,  Mich., 

To  the  Teacher  of  District  No ,  Township  of 

County  of ,  Mich. 

You  are  hereby  notified  that  a  written  notice  was  served  on  the  school  board  of 
district  No ,  township  of ' county  of 


APPENDIX.  295 


Mi  -higan,  that  the outhouse  is   (are)  not  in  sanitary 

(boys'  or  girls') 

co:  dition  ami  they  were  given days  from  the  date  hereof  to  do  the 

w<  rk.     If  this  is  not  done  you  report  direct  to  me. 

Signed    

Truant  Officer  for County. 


FORM  No.  54. 

Notice  to  School 'Board  for  Repair  of  Outhouses. 
[See  section  394.] 

,  Mich.,  19 

T    the  School  Board  of  District  No Township  of 

County  of Mich. 

You  are  hereby  notified  that  the outhouse  is 

(boys'  or  girls') 
(;  re)   not  in  sanitary  condition  as  required  below.     You  are  hereby  requested  to 

ir  ike   it    (them)    in   sanitary   condition    within days    from    the   date 

h  reof,  or  I  will  hire  a  man  to  do  the  same  and  charge  it  to  the  district,  as  provided 
ii    Act  No.  200  of  the  Public  Acts  of  1905,  as  amended. 

Requirements  for  sanitary  outbuildings 

(The  truant  officer  should  have  printed  in  this  space  definite  instructions  as  to 
\\  hat  will  he  acceptable.    These  should  be  in  detail.) 


County  Truant  Officer. 


FORM  No.  55. 

Form  of  Bond  Furnished  by  Depository  When  the  Voters  or  School  Board  Have 

Designated  a  Depository. 

[See  section  71.] 

KNOW    ALL    MEN    BY    THESE    PRESENTS  :       That    WC 

(Name  of  officers  of  depository.) 

is  officers  of ,  acting  for  and   in  behalf  of  said 

(Name  of  depository.) 
as  depository  for  the  funds  of  school  district 

n f   tli'ii'.sitnry.) 

L  Jo Township  of County  of 

nd  state  of  Michigan,  and 

(Name   of    sur. 
their  sureties,  are  each  held  firmly  bound 

unto  said  district  in  the  amount  of 

to  be  paid  to  said  district  :  for  the  payment  of  which  sum  well  and  truly  to  be  paid 

10  said   district,   we   hind   ourselves,   our   heirs,  our  executors  and  administrators, 

.  ointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  officers  for  and  in  behalf 

of  the  said  depository  as  named  aforesaid  shall  faithfully  discharge  their  duties  as 

•  •Hirers  of  said  depository  of  said  school  district's  funds  and  shall  well  and  truly 
•eceive.  account  for  and  pay  over  to  the  person  or  persons  entitled  thereto  upon  the 
>roper  order  thereof,  all  sums  of  money  which  shall  come  into  their  hands  as  officers 

•>f  the  depository  of  the  funds  of  said  district,  and  shall  on  demand  of  the  school 
listrirt  hoard  and  also  at  the  expiration  of  the  time  for  which  the  funds  of  said 
listrict  are  deposited,  pay  over  to  the  proper  officer  thereof  all  moneys  remaining 


296  APPENDIX. 


in  said  depository  or  for  which  said  depository  is  holden,  then  this  obligation  shall 
be  void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of 

A.  D.,  19 

Signed,  sealed  and  delivered 
in  presence  of 


[L.  s.] 

[L.  S.] 

[L.  S.] 

[L.  S.] 


Moderator.     ( President. ) 

We  approve  the  within  bond 

Director.     ( Secretary ) . 


Justification  of  Sureties  on  the  foregoing  Bond. 


STATE  OF  MICHIGAN,  \ 

County  of / 


ss. 


and 

the  sureties,  whose 

names  are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says 
that  he  is  worth  the  sum  specified  in  said  bond,  over  and  above  all  his  debts  and 
liabilities,  exclusive  of  property  exempt  from  execution. 

Subscribed  and  sworn  to  before  me,  a in  and  for 

said  county,   this day   of. A.   D.,   19 


My  commission  expires 


FORM  No.  56. 

Transportation  Contract. 

[See  section  45.] 

THIS  AGREEMENT  entered  into  this  day  between  the  school  board  of  the 

of ,  in  the  county  of and 

state  of  Michigan,  party  of  the  first  part,  and of  the 

of ,  in  the  county  of 

and  state  of  Michigan,  party  of  the  second  part,  WITNESSETH  : 

1.  That  the  said  party  of  the  second  part  for  and  in  consideration  of  the  sum  of 

dollars  to  be  well  and  truly  paid  to  him  by  the  party  of  the 

first  part  as  is  hereinafter  set  forth,  agrees  to  transport  such  pupils,  not  to  exceed 

in  number ,  as  shall  be  designated  by  the  party  of  the  first  part, 

living,  along  or  adjacent  to  the  route  hereinafter  described  to  and  from  the  places 
hereinafter  specified,  every  day  the  public  school  shall  be  in  session  from  the  tirst 
day  of  July,  19. . . . ,  to  the  thirtieth  day  of  June,  19 

2.  Said  party  of  the  second  part  agrees  to  furnish  a  good H 

(Describe  vehicle) 


APPENIUX. 


297 


to  1  3  approved  by  the  party  of  the  first  part,  with  sufficient  seating  capacity   to 

ace1  mmodate,   without  crowding pupils,   unless   such    vehicle1 

sha  I  lie  provided  by  the  party  of  the  first  part. 

3  Said  party  of  the  second  part  agree*  to  provide  all  robes  and  blankets  neces- 
sar.  to  keep  the  pupils  comfortably  warm  while  being  transported. 

•i  The  party  of  the  second  part  agrees  that  the  vehicle,  if  furnished  by  him, 
shfl  1  have  a  proper  top,  and  shall  have  curtains  or  other  means  by  which  the  sides 
anc  ends  may  be  closed  on  cold  or  stormy  days,  but  so  arranged  that  he  shall  have 
at  11  times  an  unobstructed  view  of  the  inside  of  the  vehicle. 

f>  If  a  vehicle  other  than  an  automobile  is  used,  the  party  of  the  second  part 
agi  >es  to  furnish  a  good  team  of  horse>  to  haul  said  vehicle,  said  team  to  be  gentle 
an<  kind  and  not  afraid  of  automobiles  or  car-. 

«  The  party  of  the  second  part  agrees  that  he,  or  the  person  driving  the  vehicle, 
wb  .  shall  be  approved  by  the  party  of  the  first  part,  shall  absolutely  abstain  from 
th(  use  of  tobacco  and  intoxicating  liquors  and  from  the  use  of  profane  or  improper 
la i  ;uage;  to  use  every  care  and  precaution  for  the  protection  of  the  pupils  while 
in  iis  care;  to  treat  said  pupils  kindly  and  impartially  and  to  report  to  the  teacher 
tlu  name  of  any  pupil  who  refuses  to  obey  him,  or  who  shall  be  guilty  of  improper 
coi  luct  or  the  use  of  profane  or  improper  language. 

The  party  of  the  second  part  agrees  to  transport  said  pupils  over  the  following 

roi  te :      Beginning    at    

th(  ace    


to   the    .................................................................    public 

scl  ool,  returning  by  the  same  route. 

.     The  j  tarty  of  the  second  part  agrees  to  cause  said  vehicle  to  arrive  at  said 
I>n  die  school  not  earlier  than  ............  o'clock  and  not  later  than  .............. 

o'(  ock  in  the  morning  and  be  ready  to  leave  said  school  promptly  at  the  close  of  the 
af  ernooii  >«-ssii.u  on  each  and  every  day  said  school  is  in  session. 

).  The  party  of  the  second  part  agrees  that  no  persons,  other  than  said  pupils. 
ex  -ep!  teachers  employed  by  the  party  of  the  first  part,  and  no  freight  whatever. 
sh  ill  he  carried  while  the  pupils  are  being  trail-ported,  and  said  party  further  agrees 
tint  if  the  vehicle  is  furnished  by  the  party  of  the  first  parr,  said  vehicle  shall  not 
be  used  for  any  purpose  other  than  the  transportation  of  said  pupils  and  teachers, 
ex  -ept  with  the  permission,  in  writing,  of  the  party  of  the  first  part,  and  under  such 
CO  iditinn*  as  said  party  of  the  first  part  may  prescribe. 

lo.     The  party  of  the  first  part   agree*  that  if  the  party  of  the  second  part  shall 
well  and  truly  perform  ihe  service  required  by  this  agreement  that  it  will  pay  or 
c;i  use  to  be  paid  to  the  party  of  the  second  part  said  sum  of  ................  dollars 

in  ten  e.|ual  monthly  installments,  the  first  installment  to  become  due  and  payable 
01.   the  last  day  of  the  month  of  .................. 

It  is  understood  and  agreed  by  the  parties  hereto  that  this  agreement  shall  be 
w  thout  force  or  effect  until  it  shall  have  been  approved  by  the  county  commissioner 
of  schools  of  the  county  of  .................... 

In  WITM-SS  WMKKI-.UF  the  party  of  the  second  part  has  hereunto  set  his  hand  and 

(—  al  and  the  party  of  the  first  part  has  caused  the  same  to  be  signed  by  the  school 
ard   of  said   district. 


Contractor. 


gued.   -ealed    and    deli\ 
it     presence  of 


(I-.     s.) 

[I-    s.l 

ft 

Member*   of  the   Board. 


298  APPENDIX. 


FORM  No.  57. 

Bond  Given  to  School  Board  try  Contractor  Before  Performance  of  Contract. 
[See  sections  587,  588,  589,  590.] 

KNOW    ALL    MEN    BY    THESE    PRESENTS,    That    W6 Of    the 

city  of county  of and  state  of 

Michigan,    Principal,    and    surety,    are 

held  and  firmly  bound  unto  the  school  board  of  district  No ,  town- 
ship of  county  of ,  and  state  of 

Michigan,  in  the  sum  of  lawful  money  of  the 

United  States,  for  the  payment  of  which,  well  and  truly  to  be  made  to  the  school 

board  of  district  No ,  township  of ,  county  of 

and  state  of  Michigan,  we  bind  ourselves,  our  heirs,  executors,  administrators,  suc- 
cessors and  assigns,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this day  of 

A.  D.  19.... 

THE  CONDITION  OF  THE  ABOVE  OBLIGATION  is  SUCH,  That  whereas  the  said 

have  entered  into  a  certain  contract,  hereto  attached, 

with  the  Michigan  state  board  of  education,  bearing  date  of  the day  of 

A.   D.   19 Now   if  the   said 

shall  well  and  truly  fulfill  all  the  covenants  of  said  contract  and  shall  perform  all 
the  undertakings  therein  stipulated  by  them  to  be  performed  and  shall  well  and  truly 
comply  with  and  fulfill  all  the  work  and  furnish  all  the  labor  and  materials  required 
by  any  and  all  changes  in  or  additions  to  said  contract  which  may  hereafter  be 
made,  and  shall  fulfill  all  the  guarantees  contained  in  said  contract,  and  shall  per- 
form all  the  undertakings  stipulated  by  them  to  be  performed  in  any  and  all  such 
changes  in  or  additions  hereto,  notice  thereof  to  said  sureties  being  hereby  waived, 
and  shall  pay  all  legitimate  claims  for  damages  arising  out  of  accident  or  injury 
to  persons  or  property  which  may  occur  in  connection  with  the  execution  of  the 
work  contemplated  in  said  contract,  then  this  obligation  is  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 

IN  WITNESS  WHEREOF,  The  said principal, 

and surety,  have  hereunto  subscribed 

their  names  and  affixed  their  seals  the  day  and  year  first  above  written. 

[L.    s.] 

Principal. 

[L.    s.] 

Surety. 

Signed,  sealed  and  delivered 
in  presence  of 


(NOTE  :     The  contractor  must  give  two  bonds,  one  running  to  the  state  and  the  other  to 
the  school  board.     Both  bonds  must  be  filed  with  the  school  board.) 


FORM  No.  58. 

Bond  Running  to  the  State. 
[See  sections  587,  588,  589,  590.] 

KNOW   ALL   MEN   BY  THESE  PRESENTS,    That   WC, 

of  the  city  of ,  county  of and 

state  of  Michigan,  principal,  and 

surety,  are  held  and  firmly  bound  until  the  people  of  the  state  of  Michigan  in  the 

sum  of lawful  money  of  the  United 

States  for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 


APPENDIX.  299 


hei  *s,  executors,  administrators,  successors  and  assigns,  jointly  and  severally,  firmly 
by  these  presents. 

;-  ealed  with  our  seals  and  dated  this day  of 

A.  D.  19 

'HE  CONDITION  OF  THE  ABOVE  OBLIGATION  is  SUCH,  That  whereas  the  said 

have  entered   into   a   certain    contract,   hereto 

ati  iched,  with  the  school  board  of  district  No ,  township  of 

co  nty  of   ,  and  state  of  Michigan,  bearing  date  of  the 

day  of A.  D.  19 ,  to  furnish  all  materials. 

to  Is,  machinery,  and  labor  in  strict  accordance  to  and  with  the  plans,  drawings, 
sp  cifications,  conditions,  etc.,  on  file  with  the  superintendent  of  public  instruction 
an  1  approved  by  him. 

•VHEREAS,  The  above  named  surety  by  this  instrument  guarantees  that  the  said 
pi  ncipal,  his  agents  and  all  sub-contractors,  shall  fully  pay,  discharge  and  liquidate 
tl  »  claims,  accounts  and  indebtedness  of  the  said  principal,  his  agents  and  all  sub- 
c-(  itractors,  for  or  on  account  of  all  labor  performed  and  materials  furnished  in  ful- 
fi  ing  the  said  contract  and  performing  the  several  conditions  as  the  same  may 
b<  2ome  due  and  payable. 

Now,  THEREFORE,  The  condition  of  this  obligation  is  such  that  if  the  said  principal, 
h  s  agents  and  all  sub-contractors,  shall  fully  pay,  discharge,  and  liquidate  all 
c  lims,  accounts  and  indebtedness  of  the  said  principal,  his  agents,  and  all  snb-con- 
ti  ictors,  for  or  on  account  of  all  labor  performed  or  materials  furnished  in  ful- 
fi  ling  said  contract  and  performing  the  several  conditions  as  the  same  may  become 
d  le  and  payable,  then  this  obligation  shall  become  void,  otherwise  to  remain  in  full 
f«  rce  and  effect. 

IN  WITNESS  WHEREOF,  the  said principal,  and 

surety,   have  hereunto   subscribed   their 

D  imes  and  affixed  their  seals  the  day  and  year  first  above  written. 

[L.  s.] 

Principal. 

[L.  s.] 

Surety. 

signed,  sealed  and  delivered 
ii  the  presence  of 


FORM  No.  59. 

Organization  of  Township  School  Districts  in  the  Upper  Peninsula. 
[See  sections  320-335.] 

(NOTE:     These  forms  apply  to  townships  of  the  upper  peninsula  and  cannot  be  used  in  the 
lower  peninsula.) 

Form  of  Petition  filed  with  Township  Clerk. 

To  the  Township  Board  of Township, County,  Michigan : 

\\ '«-.  the  undersigned  legal  school  electors  of  said  township,  petition  the  township 
board  of  said  township  to  proceed  to  organize  a  township  district  as  provided  under 
Act  No.  176,  Public  Acts  of  1891.  as  amended. 
Signatures: 


(Nor«:     This  petition  may  be  signed  by  any  person  who  can  vote  upon  any  question  at  a 
school  meeting.) 


300  APPENDIX. 


FORM  No.  60. 

Form  of  Notice  to  County  Clerk. 
[See  sections  320-335.] 

To  the  County  Clerk  of County,  Michigan: 

We  herewith  file  with  you  a  copy  of  a  petition  signed  by  a  majority  of  the  legal 

school  electors  of  the  township  of ,  county  of 

Michigan,  praying  for  the  formation  of  a  township  school  district  in  said  township. 

At  a  meeting  of  the  township  board  of  said  township  on  the day  of 

A.  D.  19 ,  at  the of  said  township,  the  list  of  names 

(Tell  place.) 

on  the  petition  was  compared  with  names  appearing  on  the  list  of  registered  school 
electors  of  said  township  and  it  was  found  that  a  majority  of  the  school  electors  of 
said  township  had  signed  the  petition  for  the  organization  of  a  township  school  dis- 
trict under  Act  No.  176  of  Public  Acts  of  1891,  as  amended. 

Attached  hereto  is  a  copy  of  their  petition  with  the  names  of  the  legal  voters  as 
they  appeared  on  said  petition.  We  certify  that  the  same  is  a  true  copy  of  said  peti- 
tion and  names  on  file  in  the  office  of  the  township  clerk  of  said  township. 


Supervisor. 


Clerk. 
Township  board. 


Justice. 


Justice. 

,    jf  the  above  addressed  to   the  oountv  pnTmnisisinnpr  nf  sphnnii 
be  filed  in  his  office.) 


(NOTE  :     A  copy  of  the  above  addressed  to   the  county   commissioner  of  schools  must   also 
ffic 


FORM  No.  61. 

Form  of  Notice  of  Township  Board  of  Election  of  Trustees. 
[See  sections  320-335.] 

To  the  School  Electors  of Township, County,  Michigan: 

You  are  hereby  notified  that  a  majority  of  the  school  electors  of 

township, • county,  Michigan,  have  filed  with  the  township 

clerk  of  said  township,  a  petition  for  the  organization  of  a  township  school  district 
under  Act  No.  176,- Public  Acts  of  1891,  as  amended.  A  meeting  of  the  legal  voters 

of  saicl  township  will  be  held  at  the 

(This  must  be  held  where  the  township  meetings  are  held . » 

on  July  ,  19 ,  the  same  being  the  second  Monday  of  July,  at 

three  o'clock  p.  m.  for  the  purpose  of  electing,  by  ballot,  five  trustees,  one  for  tho 
term  of  one  year,  two  for  the  term  of  two  years,  and  two  for  the  term  of  three  years. 
and  for  the  transaction  of  such  other  business  as  may  lawfully  come  before  the 
meeting. 


Township  Clerk. 


APPENDIX. 


FORM  No.  62. 

For  i  of  Notice  used  to  call  Special  M<  <  tiny  of  a  Rural  Xr/iW  District  to  vote  upon 
tjm-xlioH,  of  Orga,  Hural   .\<iri<-nU\ir<il  School   IHstrii  (. 

[See  section  547.] 

A  special  meeting  of  the  legal  voters  of  school  district    No  ..............  in  the 

to\\  iship    of  ..............................    county    of  ........................... 

an<    state  of  Michigan,  will  be  held  at  .......................  on  the  .............. 

'   da.>    of    ......................  ,    19....,    at  ........  o'clock.  .  .  .111..    for    the    purp"^«i 

r  of     oting  on  the  question  of  .consolidating  the  territory  of  said  district  with  that  of 
f  otii  r  contiguous  school  districts  in  order  that  a   rural   agriculural   school  may  be 
jf  orp  nixed  as  provided  in  Act  226,  Public  Acts  of  1IH7,  as  amended. 

1  ae  voting  on  said  question  of  consolidaiion  for  the  purpose  of  organizing  a  rural 
agi  cultural  school  as  provided  in  Act  L'L't;.  Publ>  Act<  of  I'.UT.  as  amended,  will  be 
|  by    oallot,   and   the  polls   will  open  at  ......  o'clock  ....  in.,   and    remain   open 

hoi  rs  on  the  date  herein  named  for  the  special  meeting  of  said  district. 
I  ated  this  ..............  day  of  ..............  ,  19  ____ 

Signed    ................................... 

I  Director. 


FORM  No.  63. 

county  Commissioner  of  Schools  of  Organ iz<tti<rn  of  Rural  Agricultural 

District. 

[See  section  548.] 


To  tin-  County  t'linimiMxittm-r  of  Si-hooU  of  ....................  Count?/.  Atichii/au: 

Th:  >  rtify  that  school  district   No  ...................  ,  of  the  township  of 

...........................  ,    county   of  .........................  ,    and    state   of 

Mi  -higan.  at    a    meeting  of  the  legal  school  electors  of  said   district  held  on  the 
...........  day  of    ........................  A.  D.  19  ----  ,  voted  in  favor  of  con- 

so  Mating  the  territory  of  >aid  di-tricl  with  that  of  other  contiguous  rural  school 
dMricts.  as  provided  in  Act  HLM;  of  the  Public  Acts  of  1917,  as  amended.     The  total 
number  of  votes  cast  were  ..............  of  which  .............  were  in  favor  of  con- 

so  idation  and  ...............  against  consolidation.     There  were  ............  blank 

ballets. 

Dated  this  ..............  day  of  ..............  ,  A.  D.  19  ____ 


School    board,    i 


M<><l<  rntnr. 
Director. 


Tr<  <i  surer. 


Tn< 
'istee. 


302  APPENDIX. 

FOEM  No.  64. 
Bonding  Primary  or  Graded  District  to  Build  Schoolhouse  or  Buy  Site. 

[See  sections  90,  91,  92,  93.] 
To: 


Members  of  the 
board  of  education. 


of  school  district  No , 

(city   or  township) 

of ,  county  of ,  and  state  of  Michigan. 

PLEASE  TAKE  NOTICE  that  a  special  meeting  of  the  board  of  education  of 

said  school  district  will  be  held  at. 

in  said  district,  on  the . day  of ,  19 ,  at 

o'clock  ,  for  the  purpose  of  estimating  the  amount  of  money  necessary  to 

erect  and  furnish  a  new  school  building  in  said  district;  and  also  for  the  purpose 
of  calling  a  special  district  meeting  of  the  qualified  electors  of  said  school  district, 
for  the  purpose  of  submitting  to  them  the  proposition  of  whether  or  not  said  school 
district  shall  borrow  the  money  necessary  to  erect  and  furnish  a  new  school  building 
in  said  district,  and  issue  the  bonds  of  said  district  therefor. 

Dated  this day  of ,  A.  D.  19.... 


Secretary.  President. 


FOBM  No.  65. 

Notice  of  Special  Meeting  to  Vote  on  Question  of  Issuing  Bonds. 
[See  sections  90,  91,  92,  93.] 

To  the  Qualified  Electors  of  Said  School  District: 

PLEASE  TAKE  NOTICE  that  a  special  meeting  of  the  qualified  electors  of  said 

school  district  will  be  held  in  ,  in  said  district  on  the 

day  of ,  19 ,  at  o'clock 

m.,  for  the  purpose  of  submitting  the  proposition  of  whether  or  not  said  school 

district  shall  borrow  the  sum  of 

(I ) 

and  issue  the  bonds  of  said  school  district  therefor,  for  the  puppose  of  erecting  and 
furnishing  a  new  school  building  in  said  district,  said  bonds  to  mature  and  be  payable 
on  such  date  or  dates  and  bear  such  rate  of  interest  per  annum  as  the  qualified 
electors  of  said  district  shall  determine  by  their  vote  at  said  special  meeting. 

The  polls  of  said  special  district  meeting  will  be  open  from o'clock 

until  o'clock on  said day  of 

,  19.... 

Take  notice  that  the  board  of  education  of  said  school  district  No 

,  has  estimated  the  expense  of  erecting  and  fur- 
nishing a  new  school  building  therein  at .* 

($ ) 

This  notice  is  given  by  order  of  the  board  of  education  of  said  school  district 


APPENDIX.  303 


,    of county  of 

and  state  of  Michigan. 

I'   ted   this day  of .' \.   I  >.    U».  . 


Secretary.  President. 


FOBM  No.  66. 
Form  of  Sclwol  District 
[See  section  90.] 

United  States  of  America 
State  of  Michigan 

County  of 

Nu  ober $ 

School  District  Number ,  Township  of 

School  House  Bonds 

19 

]  INOW  ALL  MEN  BY  THESE  PRESENTS,  That  district  No of  the 

to\  nship  of ,  county  of ,  and  state  of 

Mi  -higan,  acknowledges  itself  to  owe,  and  for  value  received,  promises  to  pay  to 

th<    bearer  the  sum  of dollars,  on  the 

da.  •  of ,  A.  D.   19 ,  with  interest  thereon  from   the 

day  of ,  A.  D.  19 ,  at  the  rate  of 

pe)  centum  per  annum,  payable  on  the day  of v in  each 

ye;  r  as  evidenced  by  the  coupons  hereto  attached,  until  principal  sum  is  paid. 
Pr  ncipal  and  interest  payable  in  lawful  money  of  the  UNITED  STATES  OF  AMERICA,  at 

,  Michigan. 

'  Phis  bond  is  one  of  a  series  of 

(Tell  number  of  bonds  issued.) 

of each,  dated  this day  of 

(Tell  amount  of  each  bond.) 

A.   D.   19. . . . ,  and  numbered  from  one  to 

(Tell  No.  of  last  bond.) 

inclusive,   aggregating    in    amount 

one  payable  the day  of ,  A.  D.  19 ,  for 

one  payable  the day  of ,  A.  D.  19. . . .,  for 

one  payable  the day  of ,  A.  D.  19 for 

one  payable  the day  of ,  A.  D.  19.. . .,  for 

one  payable  the day  of ,  A.  D.  19 ,  for 

issued  by  school  district  No ,  of  the  township  of 

county  of   and  state  of  Michigan,  for  the  purpoM'  of 

hi  ilding  and  furnishing  a  schoolhouse  in  said  district,  under  authority  of  the  general 
laws  of  the  state  of  Michigan,  and  pursuant  to  the  action  of  the  legal  voters  at  a 

, meeting  of  said  district  held  on  the  day  of 

(Special  or  Annual.) 
,  A.  D.  19.... 

AND  IT  is  HEBEBY  CERTIFIED  AND  RECITED.  That  all  acts,  conditions  and  things 

-essary  to  he  done  precedent  to  and  the  issuing  of  these  bonds  in  order  to  make 

them    legal,   binding   and    valid    obligations   of   said    district    No 

of   township county, 

Michigan,  have  been  done,  happened  and  performed  in  regular  and  due  form  as 

required  by  law ;  that  the  faith,  credit  and  revenues  of  said  district  No 

are  hereby  pledged  for  the  prompt  payment  of  the  principal  and  interest  hereof  at 
maturity,  and  that  no  limitation,  either  constitutional  or  statutory  of  indebtedness 
or  taxation  has  been  exceeded  in  the  issuing  hereof. 

IN  WITNESS  WHEREOF,  Said  district  No has  caused  these  presents  to  be 


I 


304 


APPENDIX. 


signed  by  its  school  board  this day  of in  the  year. 


School  board  of 
above  named  district. 


Moderator.     ( President. ) 


Director.     ( Secretary. ) 


Treasure^' 


Trustee. 


Trustee. 


Coupon  No. 
Bond  No . . 


19 $ 

(Year  coupon  is  payable.) 

Schoolhouse  bond  of  district  No ,  township  of 

county  of ,   Michigan. 

School  district  No of  township, 

county,  Michigan,  will  pay  to  the  bearer dollars  on  the 

day  of ,  A.  D.  19 ,  for months 

of  interest  on  its  bond  number ,  dated  the day  of 

,  A.  D.  19 


School  board  of 
above  named  district. 


Moderator.     ( President. ) 


Director.     ( Secretary. ) 


Treasurer. 


Trustee. 


Trustee. 


(NOTE:     The  number  of  times  interest  is  to  be  paid  will  determine  the  number  of  coupons 
to  be  attached  to  each  bond.) 


INDEX. 


INDEX. 

The  references  are  to  compiler's  sections. 
A. 


A<  ADEMIBS  AND   INCORPORATED  EDUCATIONAL  INSTITUTIONS  : 

vith  whom  to  file  certain  reports 268 

A«  CEPTANCE  OF  OFFICE: 

icglect  to  file,  vacates  office 

•ertain,  filed  with  and  recorded  by  director 50,  121,  322 

>enalty  for  failure  of  district  officer  to  file 140 

V     r^OTTNT^Qj  • 

school  district,  superintendent  of  public  instruction  to  audit,  etc 19 

lirector  to  keep,  of  expenses 66,  122 

>f  members  of  board  of  school  examiners,  with  whom  filed 285 

A    irPTON  • 

against  school  districts,  how  brought,  etc 95-101 

relative  to  obtaining  schoolhouse  site 102-1K 

certain,  to  be  commenced  by  president  township  board  of  education 

etc.,  by  board  of  education  in  certain  cities  validated 533 

to  school  building,  when  approved  by  superintendent  of  public  instruction 598-600 

A  DJOURNMENTS  : 

of  district  meetings 

of  proceedings  to  obtain  schoolhouse  site 112 

A3MISSION  OF  PUPILS: 

resident     "• 

non-resident    

to  high  schools 

to  kindergarten 

to  normal  school *54 

A  DULT  BLIND  PERSONS  : 

instruction,  etc.,  of 408-406 

ADVANCED  COURSES  OF  STUDY: 

authorized  in  certain  school  districts 

at  which  children  may  attend  school 252,  320 

at  which  education  is  compulsory 387 

A  GENTS  FOR  SCHOOL  BOOKS,  ETC. : 

officers,  teachers,  etc.,  not  to  act  as 145,  286 

t  GRICULTURAL  COLLEGE : 

Michigan,  superintendent  of  public  instruction  to  supervise  instruction  in 

co-operative  work  with,  by  counties 

president  of,  member  of  board  of  control  for  vocational  training 570 

AGRICULTURAL  EXTENSION  WORK: 

assenting  to  grant  of  moneys  from  U.  S.  for 568-77 

AGRICULTURAL  SCHOOL: 

examinations  for   admission   to 

rural,  act  providing  for  establishment  of 545-0:* 

division  of,  into  classes »46 

AGRICULTURAL  SITES  : 

board  of  education  may  acquire "34 

AGRICULTURE,  COUNTY  SCHOOLS  OF: 
(See  county  schools  of  agriculture.) 
ALCOHOLIC  DRINKS  : 

text-books  considering  nature  nnd  effects  of,  how  approv«-<l 6<> 

ALIENS  : 

not  eligible  to  office 

ALMSHOUSES: 

children  in.  not  included  in  census 

ALTERATION: 

in  boundaries  of  districts 

of  schoolhouse  sites 

in  boundaries  of  graded  school  districts 

of  boundaries  of  township  school  districts 

"AMERICA"  : 

applicant  for  eighth  grade  diploma  to  memorize 

ANNEXED  TERRITORY  : 

union  of  school  district  in,  to  other  district 


308  INDEX. 


The  references  are  to  compiler's  sections. 

ANNUAL  ELECTION  : 

of   trustees   in    cities   of   fourth    class 592-93 

ANNUAL  MEETING  : 

(See  district  meetings.) 
ANNUAL  REPOHI  :      (See  report. 'I 
ANNUAL  SCHOOL  ELECTION  : 

in  districts  of  third  class,  when  held 349 

notice  of.  how  and  when  given 355 

ANNUITY  : 

when  school  teacher  entitled  to 431 

ANNULMENT  OF  CERTIFICATES  : 

by  state  board  of  education 270,   452-53,   461 

by  county  board  of  school  examiners 283 

APPARATUS : 

tax  may  be  voted  for  purchase  of 45 

APPEAL : 

how  made  from   decision   of  township   b.mrd 117-19 

APPENDAGES  TO   SCIIOOLHOUSE  : 

tax  may  be  voted  to  provide : 45 

to  be  provided  by  director 66 

APPLICATION  : 

for  use  of  schoolhouse,  etc.,  as  recreation  center 631 

APPOINTMENT  : 

deputy  and  assistant  superintendent  of  public  instruction 20 

of  building  committee,  for  schoolhouse  site 45 

duties  of 45 

clerk  of  district  meeting  in  director's  absence 45,  323 

district  officers  in  case  of  vacancy 

person  to  take  school  census 67,  327 

district  trustees  in  case  of  vacancy 121,  324 

member  of  board  of  school  examiners  in  case  of  vacancy 277 

county  commissioner  of  schools  in  case  of  vacancy 

conductor  of  teachers'  institute 385 

of  truant  officers 393 

APPORTIONMENT  : 

of  property  on  division  of  district 11,  37-38,  383 

of  primary  school  interest  fund 22-24 

by  township  clerk  of  moneys  to  districts 

of  moneys  raised  by  taxes 

township  treasurer's  duties  relative  to 

of  one-mill  tax 78 

on  division  of  districts,  of  moneys 83,  335 

division  of  district,  of  tax  assessed  before,  and  collected  after 

in  fractional  districts,  of  moneys  collected 

of  library  moneys 134,  136 

APPRAISAL  : 

of  school  property,  when  township  board  of  education  to  make 318 

APPROPRIATION  : 

under  act  for  establishment  of  rural  agricultural  schools 

of  sum  equal  to  allotment  of  federal  moneys  for  vocational  education 568 

APPROVED  LIST : 

schools  placed  upon,  not  to  exceed  two  in  county 544 

ART  TEACHER  : 

act  to  define  qualifications  of 254-56 

ASSESSMENT  OF  TAXES  : 

(See  taxes.) 
ASSESSOR : 

(See,  treasurer.) 
ASSISTANT  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  : 

appointment,  duties  and  salary  of '. 20 

superintendent  of  public  instruction  may   employ,  for   instruction,   etc.,   of   adult 

blind  persons   405 

ASSOCIATIONS  : 

teachers  may  form. . .- 421-23 

ASSOCIATIONS  FOR  ESTABLISHING  LOAN  FUNDS  : 

number  that  may  incorporate 

articles  of  association,  what  to  contain 

classification  of  members J '.  .  .  .  486 

funds  of,  how  used 487 

election  of  officers,  when  held 488 

ASSUMPSIT  : 

against  school  district,  justice  of  peace  to  have  jurisdiction 95 

ASYLUMS  : 

children  in,  not  included  in  census 67 

ATHLETIC  FIELDS  : 

board  of  education  may  acquire  land  for 534 

ATTACHMENT  : 

to  enforce  attendance  at  certain  proceedings 106 

ATTORNEY  GENERAL: 

to  approve  text-book  dealer's  bond 236 

when  to  prosecute  text-book  dealer's  bond 239 


INDEX. 


309 


The  references  are  to  compiler's  sections. 

AUI    TOR  GENERAL: 

w:  en,  to  reimburse  district  maintaining  county  normal  training  classes 521 

to    transmit   statement    to    legislature   of    state   aid    furnished    rural    agricultural 

schools    563 

ai  ounts  due  for  vocational  education  certified  to 574 

B. 

BA1  ^OT: 

f«    in  of,  mi  question  of  bond  issue  for  free  public  libraries 

in  question  of  registration  of  electors  in  certain  city  school  districts 

»n  question  of  disbanding  township  school  district L".c. 

'or  election  relative  to  organization  of  township  district 294 

"or    election    scho oi    district,    third    class,    who    to    prepare 

arrangement  of  names  on 357 

^  submission  of  question  to  classify  certain  school  districts 365 

used  at  special  election  to  decide  question  of  rural  high  schools 499 

it  district  election  for  bonding 307 

el  ctlon  of  officers  to  be  by 46,  90,  122,  321 

s<  100!  election,  party  emblems  not  to  be  placed  upon 221 

BA1  ROOM  : 

c   ildren  not  permitted  in 416 

BIT   .IARDS: 

c   ildren  not  permitted  where,  are  played 416 

BL.  NK  FORMS  : 

f  r  school  proceedings,  see  appendix. 

BL:  VD  BABIES  : 

a  t  to  provide  for  care  and  maintenance  of 407-11 

BL   \D  CHILDREN  : 

c  mpulsory    education    of 401-2 

t  ansportation  of  Indigent,  or  parents  of 402 

t  uant  officer  to  investigate  and  report 402 

BL  ND,  MICHIGAN   SCHOOL  FOR  THE: 
(  iee  Michigan  school  for  the  blind.) 

BO  ,RD  OF  APPEALS  : 

T  ho  to  constitute,  in  appeals  from  township  board 117 

BO  vRD  OF  CONTROL : 

f  r  vocational  education,  who  to  compose. .  570 

BO  *.RD  OF  COUNTY  AUDITORS  : 

c  -rtain  expenses  audited  by 285 

BO  VRD  OF  EDUCATION  : 

v  hen,  may  borrow  money  to  pay  teachers'  wages 

t  >  report  taxes  voted 

t  >  make  annual  census 67 

T  hen  to  make  triplicate  reports  to  superintendent  of  public  instruction 

t  >  estimate  amount  necessary  for  sites,  etc 90 

n  uthorized  to  impose  tax  to  pay  school  expenses,  etc 

e  jrvice  of  process  against  school  district  made  upon  president  of 96 

t  >  apply  for  jury  in  suit  to  obtain  sites 103 

I  i  graded  school  districts,  election  and  powers  and  duties  of 120-22 

t )  have  charge  of  library 126 

r  port  of,   relative  to   libraries 133-34 

r  my  sell  library  books 138 

t  >  provide  for,  for  certain  cities 164-66 

<  lection  of,  in  newly  organized  city  school  district 

first  meeting,  of,  when  held 171 

to  be  body  corporate 178 

(  ivision  by,  of  city  district  into  precincts 207-15 

may  divide  city  school  districts  into  election  precincts 216-24 

1o  name  members  board  of  registration,  etc 

<  andidates  for,  nominated  by  petition 

report  to,  of  violations  of  text-book  act 

qualifications  of  certain  teachers,  may  hire 

o  establish  optional  course  of  military  training 

ownship,  powers  and  privileges 294,  303 

secretary,  relative  to  books,  etc.,  of  district -04 

who  to  constitute,  term  of  office,  etc 

when  to  meet,  officers,  etc 301 

to  establish,  etc.,  library 303 

when,   may  borrow  money 303 

president  of,  duties 304 

treasurer   of,   duties 

when  to  present  estimate  of  money  needed 307 

statement  of,  relative  to  schools •'•!  0 

powers  of,   relative  to   text-books 

not  to  act  as  agents  of  publishers 314 

when  may  commence  action  t..  set  aside  certain  order  of  superintendent  of  public 

instruction    599 

powers  of,  in  cities  of  250,000 367-81 

authority  of,  to  change  city  districts 336 

to  certify  amount  to  be  raised  f-.r  schools  in  city  districts :-'•'.» 

school  district  of  third  class,  number  of  members,  etc 348 

may  call  special  elections 350 

nomination  of  members,  how  made 356 

canvass  of  election  returns  by 358 


310  INDEX. 


The  references  are  to  compiler's  sections. 

BOARD  OF  EDUCATION.  —  Con. 

secretary  of,  duty  in  election  ............................................. 

powers  and  duties  of  .................................................... 

when  may  appoint  truant  officers  .......................................... 

to  furnish  superintendent  with  census  list  ....................................  394 

duty  of,  relative  to  fraternities,  etc  .........................................  419 

authority  of,  to  provide  for  free  public  libraries  ..............................         147-48 

in  graded,  etc.,  school  districts  to  engage  instructors  in  physical  education  .......  476 

of  certain  school  districts  authorized  to  establish  advanced  courses  of  study  .....  481 

to  vote  tax  for  payment  of  tuition  and  transportation  of  pupils  .................     508,  512 

when,  to  furnish  text-books  free  to  certain  children  ........................... 

in  certain  cities  may  vote  to  establish  county  normal  training  class  ............. 

when  may  select  member  of  county  normal  board.  .  .  ..........................  518 

to  estimate  cost  of  maintaining  county  normal  training  classes  .................  521 

when  county  clerk  to  draw  order  in  favor  of,  for  county  normal  training  classes.  .  522 

in  certain  cities,  may  control,  etc.,  college  of  medicine  and  surgery  ..............         526-32 

certain  actions,  etc.,  by,  validated  ......................................... 

act  authorizing,  to  acquire  lands  for  school,  etc.,  sites  ......................... 

when,  may  establish  day  schools  for  the  deaf  .................................  535 

of  consolidated  rural  school  district,  election  of  ...............................  548 

of   consolidated   school  district,   election   of  .................................. 

term  of  office  of  members  of  .............................................. 

funds  of  districts  turned  over  to  .......................................... 

report  of,  relative  to  vocational  education  ....................................  577 

in  cities  of  fourth  class,  of  whom  to  consist,  election,  etc  .......................         592-95 

one  member  of,  to  act  as  election  inspector  for  election  of  trustees  ...............  594 

(See  state  board  of  education.) 
BOARD  OF  INSPECTORS  : 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute  ..................... 

at  election  of  school  trustees,  powers,  duties,  etc  .............................         594-95 

to  make  poll  list  of  voters  at  election  of  trustees  ..........  .....................  595 

BOARD  OF  INSTRUCTION  : 

of  state  normal  school,  may  grant  certificates  ...............................         452-53 

BOARD  OF  LIBRARY  COMMISSIONERS  : 

(See  state  board  of  library  commissioners.) 
BOARD  OF  REGISTRATION  : 

in  school  district  of  third  class,  who  to  be  ..............................  -  .....  353 

BOARD  OF  SCHOOL  EXAMINERS  : 

(See  county  board  of  school  examiners.) 
BOARD  OF  SUPERVISORS  : 

may  establish  free  public  library  ............................................  160 

to  appoint  members  of  board  of  ................  .  ..........................  161 

certain  school  expenses  audited  by  ......................................  .... 

to  fill  vacancy  in  office  of  county  commissioner  of  schools  ...................... 

to  vote  on  establishment  of  county  normal  training  classes  .....................  517 

amount  to  appropriate  for  ...............................................  521 

appropriation  of  money  by,   county   schools  of   agriculture,   manual  training  and 

domestic  science    .....................................................  535 

to  elect  members  of  county  school  board  .....  ................................. 

when  may  co-operate  with  agricultural  college  ...............................  565 

BOARD  OF  TRUSTEES  : 

of  graded  school  districts,  election  and  term  of  office  of  .......................  120 

officers  of,  how  elected,  etc  ...............................................  121 

vacancy  in  office  of,  how  filled  ...........................  .  ................  121 

powers  and  duties  of  ....................................................     122,  253 

consent  of,  to  be  obtained  in  alteration  of  district  .............................  123 

of  village,  when  to  issue  bonds  for  free  public  libraries  .........................  149 

to  establish  optional  course  of  military  training  ...............................  259 

financial  statement  of  district  to  be  published  by  ..............................  262 

penalty  for  neglect  of  duties  ................................................  263 

of  township  school  district,  term  of  office,  etc  .......................  .  .........  297 

in  cities,  proceedings  in  changing  boundaries  of  districts  ......................  336 

of  city  districts,  proceedings  relative  to  change  in  ............................  336 

of  rural  high  schools,  when  and  how  elected  ..................................  500 

term  of  office  .................................  .  .........................  500 

meetings  of,  when  held  ..................................................  501 

special,  how  called  ....................................................  501- 

powers  of   .............................................................  501 

salary  and  duties  of  secretary  of  ............................................  502 

election  of,  in  cities  of  fourth  class  ........................................  593 

of  consolidated  rural  school  districts,  election  of,  etc  ..........................  548 

may  establish  day  schools  for  the  deaf.  .  ................         581-86 

BOARDS  : 

authorized  to  examine  teachers,  to  collect  fees  ................................  382 

BONDED  INDEBTEDNESS  : 

tax  to  pay  interest  on,  certain  districts  ............................  94 


of  treasurer,  by  whom  approved  and  where  filed  ...............................  71 

majority  vote  required  to  raise  money  and  issue,  in  school  districts  ..............  90 

limitations  as  to  amount  and  time  to  run  ..................................  90 

tax  may  be  voted  to  redeem  ...............................................  92 

how  may  be  paid  .........................................................  93 

liability  of  county  treasurer  on  .............................................  109 

on  appeal  from  decision  of  township  board  ...................................  118 


- 


INDEX. 


311 


The  references  are  to  compiler's  sections. 


of  treasurer  of  board  of  education  in  graded  school  districts 121 

to  /nships,  etc.,  authorized  to  issue,  for  free  public  libraries 149 

B<  .ool  districts,  etc.,  may  issue,  for  public  libraries 155-59 

Is  ue  of,  in  city  school  districts,  purposes 183 

to  be  filed  by  text-book  dealer 236 

aj  jroval  and   renewal  of 

v,    en  may  be  declared   forfeited 

c«   mty  commissioner  of  schools  to  file 278 

of  treasurer  of  township  school  district 306 

v?   en  township  school  district  may  issue 307 

.  tr  asurer  of  township  board  of  education  to  give 

01    truant   officer,   amount,    wh«'rt>    filed,   etc 393 

ai  iount  of,  of  treasurer  of  state  board  of  education 457 

f<  •  maintenance  of  free  public  libraries  in  cities 148 

oi   contractor  to  secure  payment  of  sub-contractor 587 

recovery  to  be  had  on 590 

e  emption  of  school,  from  taxation 603 

a  iount  of,  school  districts  may  issue 604 

s  hool  districts  in  certain  cities  may  issue,  for  improvements 605-14 

BO'  KS: 

Y  10  to  adopt,  for  rural  high  schools 501 

(See  record  books,  library  books  and  text-books.) 

BO  ^NDARIES: 

r.  itice  of  formation  of  school  districts  to  contain 

v  aen  township  board  may  alter,  of  school  districts 

v  ho  to  cause  map  made  showing,  of  school  districts 73 

where  filed    

c  -nsent  of  trustees  necessary  to  change,  of  graded  school  districts 

v  hen  township  board  may  divide  or  change,  of  primary  school  district 

I  *ocedure  on  change  of,  of  township  school  district 335 

c  '  school  district  in  city  of  250,000 369 

BO  CING  CONTESTS  : 

<  ;rtain  percentage  of  receipts  from,  credited  to  school  fund 

BR  INCHES : 

<  '  study  to  be  given  in  the  public  schools 

BU  3GET : 

i  anual,  of  school  district  in  cities  of  250,000.  how  prepared 

of  school  district  in  certain  cities,  what  to  include 

BUILDING   COMMITTEE: 

^  oters  may  appoint,  for  schoolhouse  and  prescribe  duties 

BU  [LDING  FUND  : 

A  -hat  deemed,  how  used,  etc 

BUILDINGS: 

i  ural  agricultural  school,  to  be  community  centers 

approval  of  plans  for 

fchool,  superintendent  of  public  instruction  may  condemn,  etc 598-600 

BU  REAU  OP  INFORMATION  : 

establishment  of,  in  office  of  superintendent  of  public  instruction 

BUSINESS  MANAGER: 

ia  city  school  district,  election  of.  etc 185 

C. 

CA  NVASS  : 

<  -f  votes  at  school  elections 

of  votes  in  school  district  of  third  class,  by  precincts..  .  : 

of  votes  at  election  of  school  trustees 596 

CA  RDS : 

•  •hildren  not  permitted  where,  are  played 399 

CA  RLETON  DAY  : 

observance  of.  in  public  schools 267 

CINSUS  OP  SCHOOL  DISTRICTS: 

when    and    how    taken 67.  30'i,  31 7. 

penalty  for  false  information  to  enumerators  of 68 

when  enumerators  of,  guilty  of  niisd.'im'an.T 

:ity  school  districts,  who  to  provide  for 

list  of,  to  be  furnished  teachers...  W4 

list  of  blind  child  n-n 402 

CUNTRAL  MICHIGAN  NORMAL  SCHOOL: 

act  to  establish • 465-66 

•  •••rtaiii  department  to  be  maintained  at..  's- 
C1JRTIFICATB: 

district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed 

of  instruction  in  physiology,  when  filed  by  teacher 60 

<  "P.v  of,  to  be  filed  by  director  with  township  clerk 6O 

to  supervisor,  of  taxes  to  be  assessed  for  school  purposes 73,  8<>. 

of  court  in  proceedings  to  obtain  site,  what  to  contain 107 

who  may  be   granted,   as  kindergarten,   music,   drawing,   domestic   science   or  art 

teacher i>r, »  .v. 

school  t.Mchrrs'.  granted  only  to  citizens  of  U.   S..  276 

when  granted,  renewals,  etc 281 

when  ceri.'iin   tea, •hers',  to  he  filed   with  commissioner  of  Mhoo'li!  ..'...'!  .'  .'  .'  .'  .'  .'  .'  '.  '.  464 

of  teachers  in  home  economics  in  rural  agricultural  Mb*  :  554 

endorsement  of  . . .  > 554 


312  INDEX. 


The  references  are  to  compiler's  sections. 

CERTIFICATES  OF  GRADUATION: 

from  county  normal  training  classes,  who  to  grant 519 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS  : 

non-possession  of,  makes  contract  invalid 

regents  of  university  may  grant  certain 269 

two  regular  examinations  for,  each  year 280 

county  commissioner  to  sign,   etc 284 

when  board  of  school  examiners  may  renew,  without  examinations 281 

how  must  be  signed 281 

different  grades  of 

requisite  qualifications  to  obtain 

when,  may  be  suspended  or  revoked 283,  452-53,  461 

list  of  teachers  having,  to  be  furnished  township  clerk 

record  of,  to  be  kept  by  county  commissioner  of  schools 

fee  to  be  paid  on  obtaining 382 

when  granted  to  pupils  of  normal  school 

state  board  of  education  may  issue 461 

to  issue,  in  normal  schools 

of  county  normal  training  classes,  what  to  qualify 520 

how  may  be  renewed 520 

CHAIRMAN  : 

duties  of,  first  meeting  of  district 27 

of  district  meeting,  to  give  oath  to  challenged  voter.: 

may  arrest  disorderly  persons 

may  be  appointed  in  absence  of  moderator 

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties 139 

CHALLENGE : 

of  voter  at  district  meetings 43,  299 

of  juror  in  proceedings  to  obtain  site 106 

CHARITABLE  INSTITUTIONS  : 

constitutional  provisions  relative  to 17 

CHILDREN  : 

payment  of  tuition  of  certain 

when  census  list  of  school,  to  be  taken 67,  327 

compulsory  education  of 392-97 

duties  of  police  ofllcers  relative  to  certain 393-97 

not  permitted  in  saloons,  gambling  houses,  etc 

employment  of 417 

how  admitted  to  rural  high  schools 501 

of  indigent  parents,  when  unable  to  attend  school 513-16 

(See  pupils.) 

CHIPPEWA    COUNTY: 

proviso  as  to  election  of  county  commissioner  in 278 

CHRISTMAS  : 

observance  of  by  public  schools 265 

CIRCUIT  <!OURT  COMMISSIONER  : 

to  be  member  of  board  of  appeals 117 

CITIES : 

of  250,000  or  over,  qualifications  for  voting  at  school  elections  in 

when  census  in,  to  be  compiled 67 

to  provide  for  boards  of  education  for  certain 

organization  of  school  districts  in  certain 167-89 

consolidation  of  school  districts  in 198-206 

division  of  school  districts  of,  into  precincts 207-215 

examination  of  teachers  in  certain 

certain,  exempt  from  provisions  of  township  district  act 

„  proceedings  when,  become  part  of  township  district 296 

act  relative  to  boundaries  of  school  districts  in 336-39 

of  250,000,  powers  of  board  of  education  in 367-81 

when  state  board  of  education  may  issue  life  certificates  to  certain  graduates.  . .  461 

board  of  education  may  control,  etc.,  college  of  medicine  and  surgery 526-32 

certain  actions,  etc.,  by  board  of  education  in,  validated 

certain,  when  police  officers  in,  to  act  as  truant  officers 393 

schools  In  certain,  to  teach  physical  training 480 

maintenance  of  free  public  libraries  in 147-48 

of  fourth  class,  to  constitute  single  district 591 

board  of  education  in,  election,  etc 592 

of  over  250,000,  school  districts  in,  may  borrow  money  for  improvements 605-14 

of  60,000  or  under,  voting,  etc.,  school  taxes  in 616-22 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  play  grounds 627-30 

CITIZENS  : 

of  U.  S.,  teachers'  certificates  granted  only  to 276 

CITY  SCHOOL  DISTRICTS  : 

when  property  of  annexed  district  vested  in 

union  of  district  with,  when  territory  annexed 

board  of  education  may  divide,  into  election  precincts,  referendum 216-24 

CITY  TREASURER: 

ex-ofllcio  treasurer  of  city  school  district 179 

CLAIMS  : 

against  board  of  education  city  school  district,  h.ow  paid,  etc 184 


The  references  are  to  compiler's  sections. 

LERK: 

director  to  be,  of  district 

who  to  be.  of  district  board  of  education 

of  board  of  trustees  of  rural  high  schools 499 

'OLLECTION  : 

relative  to  the,  of  scho.,1  taxes 77-86 

of  judgments  against  districts 97-101 

of  fines  for  injuring  library  books 129 

of    penalties     141-42,   144,  25S.   2M 

of  damages  for  not  reporting  and  assessing  taxes 144 

of  institute  fees  from  teachers 402 

ALLEGE  OF   MEDICINE  AND  SURGERY  : 

hoard  of  education  in  certain  cities  may  control,  etc 526-32 

?OLLEGE   OF   MINES: 

entitled  to  report  of  superintendent  of  public  instruction 493 

:OLUMBUS  DAY  : 

observance  of,  by  public  schools 265 

:OMMERCIAL  TEACHER  : 

act  defining  qualifications  of 254 

:OMMISSK)NER   OF   SCHOOLS: 

(See  county  commissioner  of  schools.) 

COMMUNICABLE  DISEASES  : 

methods  of  prevention  of,  to  be  taught  in  schools 257-58 

COMMUNITY  CENTERS  : 

rural  agricultural  school  building  to  be 551 

use  of  schoolhouse,  etc.,  as 631 

COMPENSATION  : 

of  officers  of  school  district 54,  122,  334 

teachers,  how  paid,  etc 58,  122,  327 

for  taking  census 67 

for  schoolhouse  site  determined  by  jury 107 

in  proceedings  to  obtain  site,  of  officers  and  jury 115 

county  board  of  school  examiners,  of  members 285 

of  county  commissioner  of  schools 285 

of  school  officers  in  attending  county  meeting 292 

of  officers  in  township  school  districts 314 

of  members  of  township  board  of  education 334 

of  election  officers,  school  districts  of  third  class 353 

of  truant  officers,  how  paid.  etc 393 

state  board  of  education,  of  members 460 

COMPULSORY  EDUCATION: 

school  boards  may  furnish  books  in  certain  cases 61 

children  exempted   392 

age  for,  of  children 392 

length  of  time  to  be  sent  to  school 392 

penalty  for  failure  to  comply  with  law 394 

establishment  of  ungraded  schools 396 

when  certain  children  to  be  sent  to 397 

who  considered  truants  under  act 397,  407 

when  children  to  be  sent  to  reformatory  institutions 408 

CONCERT  SALOONS: 

children   not  permitted  in 411 

CONDEMNATION  : 

of  schoolhouses,  power  of  superintendent  of  public  instruction  as  to 599 

by  factory  inspectors 623 

CONDUCTOR : 

who  to  be,  of  teachers'  institutes 385 

CONGRES 

act  of,  granting  money  to  state  for  agricultural  extension  work 668-77 

CONSOLIDATION  : 

of  school  districts 191 

in    Incorporated    city    198-206 

of  school  districts  of  annexed   territory  with  city  district 192 

of  rural  schools  into  rural  agricultural  schools 545 

of  rural  school  districts,  election  of  trustees,  etc 548 

CONSTITUTION: 

ral,  date  nf  adoption  of.  observance  of,  in  public  schools 265 

rn.NSTm  TIONAL  PROVISI" 

relat  ive  to  primary  school  interest   fund 1-2 

ve  to  officers  of,  and  maintenance  of  educational   institutions.  ...i 3-17 

CONTIl  «'HOOL  DISTRKT: 

\ed  territory  to  become  part  of 345 

bond  required  off  to  secure  payment  of  sub-contractor 636 

with  teachers 58,  129,  303,  305,  327 

officers  not  to  be  interested  in,  with  districts 145 

for  use  of  public  library  within   (  .mity 162 

for  furnishing  free  text-books  iu  township  districts                                        311 

text-book  corporations,  etc.,  to  have,  with  superintendent  of  public  instruction...  235 
CORPORATE  POWERS  : 

of  organized    school   districts 32 

of  teachers'  associations 423 


«M       \JLg>tlL 

of  teach 


314  INDEX. 


The  references  are  to  compiler's  sections. 

CORPORATE  POWERS.— Con. 

of  state  board  of  education 447 

of  associations  for  establishing  loan  funds..  484 

COUNTY : 

when  more  than  one,  contributes  to  support  of  school  to  be  placed  on  approved  list  544 

authorizing  to  operate  systems,  of  public  recreation  and  play  grounds.  .  627-30 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS : 

election  and  term  of  office  of 277 

vacancies   in,    how   filled 277,   287 

schedule  of  meetings  for  special  examinations  to  be  published. , 280 

may  hold  special  meetings 280 

meetings  of,  for  examination  of  teachers 280 

to  whom  may  grant  certificates 281 

grades  of   certificates   issued    by 282 

may  suspend  or  revoke  certificates 283 

compensation  and  expenses  of  members  of 285 

when  officers  in  certain  districts  may  examine  teachers ; 

what  schools  exempt  from  supervision  of 288 

(See  county  commissioner  of  schools.) 
COUNTY  CLERK : 

notice  to,  relative  to  primary  school  fund  apportionment 

to  receive  and  dispose  of  communications  of  state  superintendent 

apportionment  of  moneys,  duties  of,  relative  to 88,  135 

duties  of,  relative  to  reports 88,  142,  326 

duties  in  proceedings  to  obtain  site 110-11 

election  of  school  examiners,  duties  of,  relative  to 277 

duties  of,  relative  to  election  of  county  commissioner  of  schools 278 

copy  of  election  returns  school  district  of  third  class,  filed  with 

to  draw  order  on  county  treasury  for  institute  moneys 

bond  of  truant  officer  filed  with 393 

duties  of,  relative  to  distribution  of  laws,  etc 494-95 

when  to  draw  order  for  county  normal  training  classes 522 

COUNTY  COMMISSIONER  OF  SCHOOLS  : 

may  be  removed  for  lack  of  qualifications 

to  send  blanks  and  list  of  qualified  teachers  to  township  clerk  and  board  of  edu- 
cation     

triplicate  reports  of  township  clerks  made  to 

to  be  member  of  board  of  appeals 

to  be  member  of  county  library  board 

to  be  notified  of  violations  of  school  text-book  law 

when  and  how  elected 

to  file  bond  and  acceptance  of  office 

term  of  office 

election  of,  in  Chippewa  and  Lake  counties 

who  eligible  to  office  of 

to  hold  certain  examinations 

to  prepare  schedule  for  examinations 

may  renew  certificates 

certificates  to  be  signed  by 281 

may  grant  special  certificates 282 

powers  and  duties  of 284 

to  keep  record  of  examinations 284 

to  counsel  with  teachers 284 

what  annual  reports,  to  receive 284 

to  receive  institute  fees 

to  receive  instructions  from  superintendent  of  public  instruction 284  • 

who,  to  furnish  list  of  teachers 284 

duties  relative  to  visiting  schools 284 

to  make  annual  report  to  superintendent  of  public  instruction 284 

compensation  of,  how  paid,  etc 285 

expenses  audited  by  board  of  supervisors 285 

not  to  act  as  agent  for  school  books,  etc 286 

vacancy  in  office  of,  how  filled 287 

duties  of,  relative  to  examination  of  candidates  for  agricultural  college 289-90 

to  call  meeting  of  school  officers  of  county .     291,  293 

annual  report  of  township  school  districts  to  be  made  to 305 

to  appoint  truant  officer 393 

to  furnish  truant  officer  with  list  of  teachers 395 

when,  to  issue  work  permits  to  children 417 

persons  desiring  to  teach  to  file  certificate  with 464 

duties  of,  relative  to  distribution  of  laws,  etc 494 

librarians  to  make  annual  report  to 506 

to  whom,  to  transmit  lists  of  libraries 507 

to  be  member  of  county  normal  board 518 

duty  of,  as  to  funds  for  county  normal  training  classes 522 

to  be  member  of  county  school  board 538 

notice  to,  when  in  favor  of  establishing  rural  agricultural  schools 548 

COUNTY  INSTITUTES  : 

(See  teachers'  institutes.) 
COUNTY  LIBRARIES  : 

act  to  authorize  creation  of 160 

COUNTY  NORMAL  BOARD : 

how   constituted,   duties,    etc 518-19 

may  renew   certificates 520 


C   JUNTY  NORMJ 


INDEX.  315 


The  references  are  to  compiler's  sections. 

?Y  NORMAL  FUND  : 

how  constituted,  etc 521 

(    )UNTY  NORMAL  TRAINING   CLASSES  : 

superintendent  of  public  instruction  to  direct  supervision  of 19 

how  established,  managed,  maintained,  etc 517-23 

(   )UNTY   SCHOOL  BOARDS : 

establishment  of   536 

organization  of   537 

apportionment  of  expenses 538 

treasurer  of   539 

(   3UNTY    SCHOOLS   OF   AGRICULTURE : 

establishment   of    535-44 

apportionment  of  expenses  of 638 

Instruction   given   in 540 

<  OUNTY   SCHOOLS  OF  DOMESTIC  ECONOMY  : 

establishment  of   C35-44 

<  OUNTY  SCHOOLS  OF  MANUAL  TRAINING  : 

establishment  of   635-44 

«  OUNTY  TREASURER : 

statements  of  apportionment  filed  with 88,  135 

to  apply  to  state  treasurer  for  certain  moneys so 

township  moneys  to  be  paid  township  treasurer  by 89 

to  whom,  to  give  notice  of  apportionment  of  school  moneys 89 

liability  of,  on  bond 109 

money  for  schoolhouse  site  deposited  with 109,  114 

apportionment  of  library  moneys  to  be  made  by 136 

to  set  apart  institute  fees  as  institute  fund 383 


vouchers  for  payment  at  teachers'  institutes  to  be  filed  with. 
titute  fun< 


teachers'  institute  fund  to  be  paid  by,  on  order  of  clerk 517 

when  county  clerk  to  draw  order  on,  for  county  normal  training  classes 522 

ex-offlcio  treasurer  of  county  school  board 539 

:OUNTY  TRUANT  OFFICER  : 

when,  to  act  in  district  or  township 393 

to  inspect  outhouses  in  primary  districts 394 

JOURSE  OF  STUDY : 

superintendent  of  public  instruction  to  prepare  and  print 

who  to  prescribe  for  schools 60,  122 

advanced,  authorized  in  certain  school  districts 481 

state  board  of  education  to  prescribe  for  normal  schools 482 

who  may  prepare  and  publish  certain 

who  to  provide  for  rural  high  schools 

by  whom  approved 501 

for  county  normal  training  classes 619 

in   public   institutions,  approval  of 625 

CRIMES  AND  OFFENSES  : 
i  See  penalty.) 

CURRICULUM  : 

normal  school,  to  contain  course  in  physical  training 

D. 
DAMAGES : 

who  to  prescribe  penalty  for,  to  library  books. . 

to  be  collected  from  certain  officers  for  neglect  of  duties 

DANCE  HOUSES: 

children  not  permitted  in 

DAY  SCHOOLS  FOR  THE  DEAF  : 

shall  be  established 581r§§ 

to  report  to  superintendent  of  public  instruction *Q£Si 

duties  of  state  treasurer  in  regard  to Re* 

system  to  be  used  in 

who  may  attertd 

DEAF   CHILDREN  : 

compulsory  education  of d»o- 

DECLARATION  OF  INDEPENDENCE: 

to  be  read  to  certain  pupils  on  certain  holidays 

DEED  : 

for  schoolhouse  site  to  be  obtained  before  building 

DEFICIENCY  : 

in  teachers'  wages  fund,  how  provided  for 22 

DELINQUENT  CHILDRi: 

punishment  of  persons  responsible  for 415 

DELIVERY  OF   P.OOKS.    ETC.,  TO  SUCCESSOR    IN   OUI   1 

by  superintendent  of  public  instruction 

by   district   officers 66,  71 

DEPOSITORY :  _, 

of  school  funds,  when  designated 

DEPOSITS  : 

of  school  funds,  when  made,  etc ••  •  • 71 

DEPUTY   SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment  and  duties  of 

DEVISES:  „.  „_ 

school  districts  may   accept o^*-^o 

DIPLOMAS:  ±M  -,     .a« 

of  graduates  of  state  normal  school *o^-0d,  *s^ 


316  INDEX. 


The  references  are  to  compiler's  sections. 

DIRECTOR : 

notice  of  first  meeting  to  be  recorded  by 27 

to  keep  records  relative  to  organization  of  district 

to  be  notified  of  alterations  of  district 36 

appointment  of  clerk  in  absence  of 45 

election  and  term  of  office  of .   4Q  121    321 

appointment  of,  in  case  of  vacancy 48 

acceptance  of  office  of,  where  and  by  whom  filed !  50    121 

to  be  member  of  district  board 

register  of  school  to  be  furnished  to 58 

to  have  custody  of  schoolhouse,  etc 59 

to  file  certificate  of  instruction  in  physiology  with  township  clerk 60 

to  draw  and  sign  warrants,  orders,  etc 66 

to  give  notice  of  meetings 66 

account  of  expenses  to  be  kept  by 66 

schoolhouse  to  be  kept  in  repair  by 66 

to  provide  appendages  for  schoolhouse 66 

to  present  estimates  at  annual  meetings 66 

accounts  of,  how  kept,  audited,  etc 66    122 

to  be  clerk  of  district 66,  323 

compensation  of,  for  taking  school  census 67 

census  list  to  be  filed  with  township  clerk  by 67 

annual  school  census  to  be  taken  by 67 

reports  of,  to  be  filed  with  township  clerk 69 

of  fractional  district,  to  whom  to  report 70 

and  moderator  to  approve  bond  of  treasurer :....'• 71 

to  be  notified  of  apportionment  of  school  moneys 76 

and  moderator  to  certify  payments  to  supervisor 79 

at  election  to  issue  bonds,  to  be  member  of  board  of  inspectors 90 

and  moderator  to  execute  bonds  of  district 91 

service  of  process  against  school  district  made  upon 96 

treasurer  to  certify  to.  judgment  against  district 98 

to  be  notified  of  site  fixed  by  township  board ]02 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to  attend  meeting  of  county  school  officers 292 

compensation    292 

to  be  taken  into  custody 44 

juvenile,  who  to  constitute 397 

DISTRICT  BOARD: 

when  superintendent  of  public  instruction  to  remove  members  of,  from  office 19 

when,  may  borrow  money  for  payment  of  teachers'  wages 

to  call  meetings  of  district 40 

school  to  be  provided  by 45 

how,  may  determine  certain  matters,  when  meetings  fail 45,  328 

election  and  term  of  office  of 46,  120,  321 

vacancy  in,  what  to  occasion 47 

how  filled    48,  121,  316 

illegal  for  members  of,  to  act  as  publishers'  agent 49 

who  eligible  to  office  on 49 

acceptance   of  office   by   members 50,  121,  322 

who  to  constitute 51,  120,  321 

certain  books,  blanks,  etc.,  to  be  purchased  by 52 

when  may  sell  certain  property  of  district 53 

site  for  schoolhouse  to  be  leased  or  purchased  by 53,  327 

to  estimate  amount  for  support  of  schools 54 

when  may  borrow  money  on  strength  of  voted  tax 54 

to  report  taxes  to  be  assessed 55 

accounting  of  moneys  by 56 

not  to  pay  money  to  unqualified  teachers 50 

to  make  statement  of  finances  at  annual  meeting r>7.  3.">1 

teachers  to  be  hired  by 58,  122 

to  provide  for  water  supply 59 

when  to  exclude  public  meetings  from  schoolhouse 59 

to  have  care  of  schoolhouse  and  property 59 

to  provide  for  instruction   in  physiology 60 

to  prescribe  text-books  and  courses  of  study 60 

to  purchase  books  for  indigent  pupils 61 

may  suspend  or  expel  disorderly  pupils 62 

to  establish  rules,  etc.,  for  school 62,  327 

to  classify  pupils 63,  122 

may  admit  non-resident  pupils  to  school 64 

rates  of  tuition  for,  how  fixed 64 

director  to  be  clerk  of 66,  323 

to  appoint  persons  to  take  school  census 67,  327 

when  to  provide  for  deposit  of  moneys 71 

to  estimate  amount  necessary  for  sites  and  buildings 90 

when  may  issue  bonds 91 

to  apply  for  jury  in  suit  to  obtain  site 103 

to  be  trustees  in  graded  school  districts 120,  123 

district  library  to  be  managed  by 132,  327 


INDEX.  317 


The  references  are  to  compiler's  sections. 

D  STRICT  BOARD.— Con. 

report   of.    relative    to    libraries 133-34 

nay  donate  or  soil  books  to  township  library 138 

iindergarton  to   bo  provided  by 250-53 

ciualih'cations  of  certain  teachers,  may  hire 255 

financial  statement  of  the  district  to  be  published  by 262 

United  States  flag  to  be  provided  by 264 

to  be  trustees  in  township  school  districts 321 

when,  to  pay  tuition  of  pupils 510-12 

duties  of,  as  to  teachers,  etc.,  for  county  normal  trainin-.:                     521 

when  day  schools  for  deaf  may  be  provided  by 581-86 

When  may  commence  action   to   set   aside  certain  order  of   superintendent   of  public 

instruction    599 

(See  district  officers.) 

I  [STRICT  LIBRARIES  : 
(See  libraries,  i 

I   [STRICT    MEETINGS: 

notice  of,  on  formation  of  new  district 27,  320 

when  annual,  to  be  held 39,  323 

when  special,  may  be  called 40 

notice  of,  to  indicate  the  business 40 

notice  of.   what  to  specify 40-41 

who  eligible  voters  at 42 

relative  to  challenging  voters  at 43 

penalty  for  disorderly  conduct  at 44 

to  give  directions  regarding  suits 45 

to  direct  sale  of  property 45 

powers  of  annual 45,  122 

when  clerk  and  chairman  may  be  appointed  at 45,  323 

what  board  to  determine  in  case  of  failure  .,f  certain 45,  328 

limit  of  taxes  that  may  be  voted  at 45,  328 

officers  to  be  elected  at 46,  120,  321 

to  fill  vacancy  in  district  office 48 

tax  for  sen-ices  of  officers  to  be  voted  at 64 

board  to  make  financial  statement  to  annual 57 

to  determine  uses  of  schoolhouse 59 

moderator  to  preside  at 65 

director  to  give  notice  of 66 

may  vote  on  issuance  of  bonds 90 

may  vote  tax  to  pay  money  borrowed 92 

voters  at,  may  designate  site 102 

board  of  education  to  present  estimate  for  sites,  etc.,  at.  . .  .  307 
HSTRICT    OFFICERS: 

election  and  term  of  office  of 46,  120,  321 

when  may  be  appointed 48,  121,  323 

who  eligible  to  election  as 49 

acceptance  of  office  of 50,  121,  322 

amount  of  tax  for  service  of 54 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to  employ  legally  qualified  teachers 288 

payment  for  services  of  township 814 

compensation   of    334 

(See  treasurer,  director,  moderator  and  district  board.) 

DISTRICT    SCHOdLS: 
(See   schools.) 

DIVISION  : 

of  boundaries  of  primary  school  district 190 

of  township  into  single  school  district 2(JO 

DOMESTIC  ECONOMY.   COUNT1    SCHOOLS  OF: 

establishment    of     535-44 

appropriation  for    535 

inst ruction    given    in 640 

DOMESTIC   SCIENCE  TEAT! 

act    to   define   qualifications    of 254-r>6 

DOOi: 

to    open    outward 623 

DRAWING   TEACHERS: 

act  to  define  qualifications  of 254-56 

DUPLICATE    RECEIPTS: 

township  treasurer  to  take,  for  certain  moneys 88 

E. 

EDUCATION: 

constitutional  provisions  relative  to 1-17 

EIGHTH  GKAI 

payment  of  tuition  and  transportation  of  pupils 508-9 

EIGHTH  GliAHE  - 


applicant  for,  to  memorize  first  verses  of  "Star  Spangled  Banner"  and  "America"..  266 

who  lepil  voters  at.  in  school  district 42 

when,  of  district  officers  held 46,   121,   321 

who  eligible  to,  in  school  district 49 

regulations  at.  to  vote  on  issuance  of  bonds 90 

of  hoard  of  education,  city  school  district,  how  held 174 

conducting  of,  for  consolidation  of  school  districts  in  incorporated  city 201 


318  INDEX. 


The  references  are  to  compiler's  sections. 

ELECTION. — Con. 

school  district,  registration,  notice,  etc 217-18 

party  emblem  not  to  be  placed  upon  ballots 221 

of  members  of  county  board  of  school  examiners 277 

of  county  commissioners  in  Chippewa,  when  held,  etc 278 

relative  to  organizing  township  into  single  school  district 294 

when  called,  ballots,  etc 294 

of  trustees  of  township  school  district,  term,  etc 297 

township  school  district,  how  conducted,  etc 298 

special,  for  bonding,  ballots,   etc 307 

city  districts,  election  of  officers  by  joint  boards 336 

annual  school,  district  of  third  class,  when  held 349 

for  submitting  question  of  rural  high  schools,  where  held 499 

form  of  ballot  used  at 499 

submitting  question  of  establishment  of  schools  of  agriculture,  etc 535 

on  establishing  of  rural  agricultural  schools,  when  held,  who  to  call,  etc 547 

of  school  trustees  in  cities  of  fourth  class 592-95 

ELECTION  COMMISSIONERS  : 

in  school  district  of  third  class  who  to  be 352 

to  prepare  official  ballots 357 

appointment  of,  for  election  of  school  trustees 593 

ELECTION  INSPECTORS : 

in  election  of  township  school  trustees,  who  to  be 297 

in  school  district  of  third  class,  appointment : 353 

canvass  of  votes  by 358 

how  chosen,  etc.,  at  election  of  school  trustees 594 

powers,  duties,  etc.,  at  election  of  school  trustees *. 594 

ELECTION   PRECINCTS: 

division  of  city  school  districts  into 207-24 

referendum    216-24 

ELECTORS : 

who  are  qualified 42 

may  discontinue  school  and  send  pupils  to  another  district 45 

who  deemed  qualified,  in  school  elections  in  certain  cities 42 

to  vote  tax  for  services  of  district  officers 54 

at  annual  meeting  may  designate  depository  for  district  funds 71 

of  city,  when  to  ele<*t  board  of  education 164 

to  approve  consolidation  of  school  districts 191 

registration  of,  in  school  districts 217-19 

when,  may  vote  to  organize  township  school  district 294 

township  school  district,  qualification  of 297,  307 

when,  may  appeal  from  action  in  formation  of 319 

school,  district  of  third  class,  who  qualified ; 354 

when  question  of  rural  high  school  submitted  to 510 

ELIGIBILITY  : 

to  office  in  school  districts 49 

of  pupils  desiring  tuition  paid . 611 

EMPLOYMENT : 

of  teachers 58,  122,  251,  327 

of  persons  to  take  school  census 67 

of  officers,  etc 122 

of  children   417 

ENDOWMENT  FUNDS  : 

to  be  under  control  of  school  board 525 

ENGLISH  LANGUAGE : 

instruction  to  be  conducted  in 11.  19 

ENROLLMENT : 

when  teacher  to  compare,  with  census  list 394 

ENUMERATION  OF  CHILDREN: 
(See  census.) 

ENUMERATOR,  CENSUS  : 

duty  of,  data  required" 67 

when  guilty  of  misdemeanor 68 

ESCHEATED  ESTATES: 

application  of  interest  from  sale  of 14 

ESTIMATES : 

of  amounts  to  be  raised  by  tax 54,  66,  327 

of  taxes  necessary  in  city  school  district,  what  to  specify ' 182 

transmitted  for  approval 182 

report  of,  as  approved,  to  whom  made 182 

EVIDENCE  : 

of  organization  of  district 31 

in  proceedings  to  obtain  site 103 

EXAMINATION  : 

of  proposed  site  by  jury - 107 

eighth  grade,  applicants  to  memorize  first  verses  of  "Star  Spangled  Banner"  and 

"America"     266 

meetings  for,  of  teachers 280 

of  teachers  by  county  board  of  examiners 280-81,  289 

questions  for,  of  teachers 281 

county  commissioner  to  keep  record  of 284 

liss 


of  reports  by  county  commissioner 284 

of  teachers  by  officers  in  certain  districts 288 

of  applicants  for  admission  to  agricultural  college 289-90 

fees  to  be  collected  from  teachers  for 382 

of  teachers  by  state  board  of  education 461 

of  applicants  for  state  certificates 461 


„, 


The  references  are  to  compiler's  sections. 


1  XAMINERS  : 

may  be  removed  for  lack  of  qualifications  .................................... 

of  teachers  to  collect  fees  .................................................. 

to  pay  same  to  county  treasurer  ..........................................  383 

county  board  of  school  examiners.) 
XKCTT10N  : 

not  to  issue  against  school  district  ..........................................  97 

XPEN 

incidental,   estimated   by  board  .............................................. 

estimates  of,  to  be  presented  at  annual  meeting  ..............................         66,  .'i.'il 

per  capita  tax  to  pay,  certain  school  districts  ................................. 

of  commissioners,    limited  ..................................................  278 

for  printing,  etc.,  how  audited,  etc  .......................................... 

of  school  examiners,  how  paid  .............................................. 

teachers'  institutes,  how  paid  ...............................................  385 

state  institute,  how  paid  ................................................... 

vouchers  for,  of  teachers'  institute,  where  filed  ................................  389 

F. 

FACTORIES,    STORES,    ETC.: 

employment  of  children  in  ............  •  .....................................  417 

•'ACTOR  Y    INSPECTORS: 

may  order  fire  escapes  on  schoolhouses,  etc  .................................... 

may  condemn  srhoolhouses  considered  unsafe  .................................  623 

FEDERAL  BOARD: 

for  vocational  education,  state  board  to  co-operate  with  ........................  570 

FEEBLE  MINDED  AND  EPILEPTIC: 

(See  Michigan  home  and  training  school.) 
FEES: 

to  be  paid  by  teacher  on  obtaining  certificate  .................................  382 

disposition  of,  collected  by  director  and  secretary  .............................  383 

F  KM  ALES: 

who  qualified  to  vote  at  school  elections  in  certain  cities  .......................  42 

registered  in  separate  register  ............................................  42 

eligible  to  district  offices  ...................................................  49 

FINKS  : 

how  applied  for  breach  of  penal  laws  ........................................  16 

for  disturbing  district  meeting  .............................................. 

for  disturbing  school  ......................................................  62 

on  census  enumerator  for  making  false  returns  ............................... 

giving  false  information  to  census  enumerator  ................................ 

for  damages  to  library  books  ............................................... 

apportionment  of,  for  breach  of  penal  laws  ...................................  136 

<  See    penalties.) 
FIRE  ESCAPES  : 

factory  inspectors  may  order,  on  schoolhouses  ................................  623 

FIRE    MARSHAL: 

i  See  state  lire  marshal.) 
FIRE    PROTECTION: 

in  schools,  duty  of  factory  inspectors  relative  to  ...............................  623 

FISCAL    YEAR  : 

of  school  district  in  cities  of  250,000  ........................................  371 

FLAGS  : 

who  to  purchase  U.  S.,  for  schools  ..........................................  264 

FORM  OF   OATH  : 

of  challenged  voter  ...............................................  .  ........  43 

FORMS,   BLANK  : 
I  See   appendix.) 

FOTRTH  CLASS  CITIES: 

to  constitute  single  school  district  .......................................... 

board  of  education  in,  of  whom  to  consist,  elections,  etc  .......................  593 

Forirni  OF  .iri.v 

observance  of.  by  public  schools  .............................................  265 

FRACTIONAL  DISTRICTS  : 

i  St-e  school   districts;  also  township  board.) 
FRATERNITIES  : 

abolishment   of.   in   public  schools,  etc  ........................................          418-20 

FREi:   PI  TBLIC  LIBRARIES: 

authority  of  city  boards  of  education   t<>  maintain  .............................          147-4S 

townships,   etc.,  may  bond  for  ..............................................  149 

FREE   SCHOOLS  : 

to     be     provided  .....  ..........................  11,     320 

FREE   TEXT  BOOKS  : 

(  See     text    booi. 


edile  atioiial       ............................................................. 

library     ..........  "  ........................................................ 

teachers'    institute    ........................................................ 

of  associations  for  establishing  loan  ......................................... 

for  maintaining  day  schools  fur  the  deaf  ..................................... 


320  INDEX. 

The  references  are  to  compiler's  sections. 
G. 

GAMBLING  : 

children  not  permitted  in  rooms  used  for  .....................................  416 

GENERAL  FUND  : 

taxes  for  incidentals,  deficiencies,  etc.,  accounted  for  under  .....................  54 

GIFTS: 

school  districts  may  accept,  etc  ............................................         524-25 

GOVERNOR  : 

when  may  remove  county  school  commissioner,  etc  ............................  19 

certain  days  appointed  by,  observed  by  public  schools  ..........................  265 

to  appoint  five  members  of  teachers'  retirement  fund  board  .....................  424 

annual  report  to,  by  state  board  of  control  for  vocational  education  ..............  571 

GRADED  SCHOOL  DISTRICTS  : 

annual  meeting  of  ......................................................... 

organized  prior  to  1907,  act  to  govern  .......................................  120 

notice  of  intention  to  organize  ..............................................     120,  124 

election  and  term  of  office  of  trustees  of  ......................................     120,  124 

officers  of,  to  be  elected  by  trustees  ..........................................  121 

credit  of  school  tax  on  tuition  of  non-resident  pupil  ...........................  122 

powers  and  duties  of  trustees  ...............................................         121-22 

not  limited  to  nine  sections  of  land  .............  ,  .................  •  ............  123 

consent  of  trustees  to  be  obtained  to  alteration  of  boundaries  ...................  123 

two  or  more  contiguous  districts  may  organize  ................................  124 

change  of,  to  primary  district  ..............................................  125 

publication  of  financial  statement  of  ....................  .  ....................  262 

proceedings  when,  become  part  of  township  district  ............................  296 

appointment  of  truant  officers  in  .......................  v  ....................  393 

(See  school  districts.) 

GRADES  OF  CERTIFICATES  : 

of  teachers   .......................................................  282 

GRADE  TEACHERS: 

in  rural  agricultural  schools,  certificates  of  ..............................  555 

GRADING  : 

of  pupils  not  prevented  in  any  district  .........................  .............  63 

in  graded  school  districts  ......................................  122 

GRADUATES  : 

of  normal  training  schools  in  cities  of  250,000,  when  life  certificates  issued  to  .  .  461 

GYMNASIUMS  : 

school  districts  may  establish,  etc  ...........................................  524 

H. 

HEATING  SYSTEM: 

in  schoolhouse,  superintendent  of  public  instruction  to  approve  .....  601 

HIGH  SCHOOL  GRADUATES: 

advanced  courses  of  study  authorized  to  ...................  481 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts  .......................................  122 

establishment  of  optional  course  of  military  training  in  ........................  259 

board  of  education  to  establish,  etc  ..........................................  303 

act  to  establish  rural  ..................................  .................  498-505 

providing  for  payment  of  tuition  and  transportation  to,  of  certain  pupils  .  .  .  508-9 

what  deemed   .................................................  .  .......  510 

(See  graded  school  districts.) 

HOLIDAYS  : 

observance  of,  by  public  schools  ........  265 

HOME  ECONOMICS: 

certificate  of  teachers  in,  in  rural  agricultural  schools  .......................  554 

endorsement  of    ........................................................  554 

assenting  to  grant  of  money  by  U.  S.  for  .........  568-77 

HUMANE  EDUCATION  : 

act  to  provide  system  of  .......................  247-49 

HYGIENE  : 

use  of  text-books  on,  in  teaching  dangerous  diseases  .........................         60,  303 

I. 

INCIDENTAL  EXPENSES  : 

estimated  by  district  board  ................  54 

INDEBTEDNESS  : 

of  districts    ..............................  90 

(See  bonds.) 
INDIANS  : 

when  children  of,  not  included  in  census.  .  67 

INDIGENT  PARENTS  : 


to  8Upervise  instructkm  ln-  •  •  19 

superintendent  of  public  instruction  to  supervise  instruction  in  ...............  19 

INMATES  : 

of  rural  agricultural  schools  when  established  ................................  560 

of  public  institutions,  instruction,  etc.,  of,  who  to  supervise  .........  ,  ...........  025 


: 


INDEX. 


PECTO1 


The  references  are  to  compiler's  sections. 


RS  OF  ELECTION  : 

>\\  chosen,  powers,  etc.,  at  election  of  school  trustees  .........................  594 

IN    TITUTES  : 

•achers',  county  commissioner  to  be  assistant  conductor  .......................  i>  t 

tt  .TITUTIONS  : 

ertain  state,  superintendent  of  public  instruction  to  supervise  instruction  in....  19 

bankable,  children  in,  not  included  in  census  ................................  67 

ublic,  instruction  of  inmates  of,  supervision  of  ...............................  625 

ualifications  of  teachers  in,  approved  by  superintendent  of  public  instruction  .....  *\'2<\ 

tt  5TRUCTION: 

o  be  conducted  in  the  English  language  ......................................  11 

ranches  of,  given  in  public  scho  .|s  .........................................  60 

te..  of  adult  blind  persons  ................................................  403-06 

i:  <LRANCE  MONEYS  : 

iow  used    ...........  423 

' 


ipportionment  of,  on  state  funds  ............................................  13,  22 

m   bonds,   limited  .........................................................  91 

ax  may  be  voted  to  pay  ...................................................  92 

m  bonded   indebted!                         pita   tax   to   pay  ...............................  94 

>n  Judgment  against  district  ...............  "  ................................  101 

>n  moneys  lost  by  certain  officers  ...........................................  141-42 

J. 

J  .NITOR: 

employment  of,  to  care  for  rural  agricultural  school  buildings  ..................  551 

J  >INT  MEETINGS: 

of  township  boards  ........................................  .  .............  29,  117,  335 

relative  to  boundaries  of  primary  school  districts  .............................  190 

relative  to  township  school  districts  .........................................  296 

J  JDGE  OF  PROBATE  : 

to  participate  in  filling  vacancy  on  board  of  examiners  .........................  277 

J  JDGMENTS  : 

assessment  of  taxes  for  payment  of  ..........................................  81 

and  suits  against  school  districts,  sections  relative  to  ..........................  95-101 

execution  not  to  issue  on  ...................................................  97 

when  rendered  in  pn><  ......  lings  to  obtain  site  ...................................  108 

J  3NIOR  COLLEGIATE  DEPARTMENT  : 

idvanced  courses  of  study  in  certain  districts  designated  as  .....................  481 

Jl'RY  : 

board  may  apply  for,  in  proceedings  to  obtain  site  .............................  103,  107 

.11  'STICKS  OF   THE    PEACE: 

to  have  jurisdiction  in  cases  of  assumpsit  against  school  districts  ................  95 

to  hear  cases  under  compulsory  education  act  .................................  395 

pr.                       eities  ......................................................  395 

JUVENILE   rut'RT: 

investigation,  etc.,  by,  relative  to  children  of  indigent  parents  ..................  515 

JUVENILE   DISORDERLY  PERSONS: 

penalty  for  failure  of  parent  or  guardian  to  send,  to  school  .....................  394 

proceedings  against  parents  of,  for  neglect  of  duty  ...........................  395 

to  be  sent  to  ungraded  schools  ..............................................  396-97 

who  deemed,  or  truants  ....................................................  397,  407 

K. 

KINDERGARTEN: 

duty  of  district  board  relative  to  ............................................  250 

qualifications  of  teachers  ................................................  251,  254,  256 

children   entitled   to  attend  ..................  .  ..............................  252 

act  to  apply  to  other  schools  ................................................  253 

L. 

LABOR  : 

act  to  secure  payment  to  sub-contractors  for  .................................        587-90 

LABOR  DAY  : 

observance  of.  by  public  schools  .............................................  265 

LAKE  COUNTS  : 

election  of  county  commissioner  of  schools  in  .................................  L'7* 

LAND: 

limit  of  tax  on,  for  building  schoolhouse  .....................................  45 

when  not  taxed  for  .....................................................  45 

proceedings  to  obtain,  for  schoolhouse  site  ....................................         103-16 

school  district  in  cities  of  250,000  may  take  gifts  of  ........................... 

when  board  of  education  may  acquire  for  sites,  etc  ............................ 

LAND  CONTRACTS  : 

purchaser  of  land  upon,  qualified  school  elector  ...............................  41! 

LAWS,   DOCUMENTS,   ETC.: 

rules  and  regulations  for  libraries,  course  of  study,  who  to  print   and  distribute...  21 

duty  of  commissioners  and  county  clerk  in  distributing  .........................         494-95 

LEASE: 

for  schoolhouse  site,  who  to  secure,  length  of,  etc  .............................  53 

duration  of,  of  land  for  schoolhouse  .........................................  303 


322 


INDEX. 


The  references  are  to  compiler's  sections. 

LEGACIES  : 

school  districts  may  accept,  etc 524-25 

LEGISLATURE  : 

pages,  etc.,  of,  not  required  to  attend  school 392 

statement  to,  of  state  aid  to  rural  agricultural  schools 563 

annual  report  to,  by  state  board  of  control  for  vocational  education 571 

LIABILITIES  : 

of  township  clerk  for  neglect  to  report 141 

of  county  clerk • 142 

of  supervisor  in  regard  to. district  taxes 144 

debts  and,  when  assumed  by  township  district 332 

of  parent  or  guardian  for  failure  to  send  child  to  school.  . 394 

(See  penalties.) 
LIBERTY  DAY: 

observance  of,  in  public  schools , 265 

LIBRARIAN  : 

township,  when  and  by  whom  appointed,  duties,  etc 130 

LIBRARIES  : 

establishment  of,  constitutional  provisions  relative  to 16 

lists  of  books  for,  how  prepared 21 

rules  for,  by  whom  made 21,  129 

maintenance  of,  in  township  or  city 126 

township  board  may  dispose  of,  or  plan  merger  of,  into  free  public 126 

provisions  relative  to 126-38 

books  for  township,  by  whom  purchased 128,  329 

care  of,  etc.,  who  to  have 129 

librarian  of  township,  by  whom  appointed,  duties,  etc 130 

where  kept   130 

when  school  district  may  establish 

township  clerk  to  report  statistics  of 

funds  for,  when  forfeited 134 

superintendent    of    public    instruction    to    furnish    statement    of    township,    etc., 

entitled  to 135 

apportionment  of 135-36 

tax  for  support  of,  how  levied,  collected,  etc 137 

district  board  may  sell  or  donate,  books  to  township 

school  officers  not  to  act  as  agents  for,  books 

free  public,  townships,  etc.,  may  bond  for 149 

school  district,  etc.,  may  issue  bonds  for 155-59 

act  to  authorize  the  creation  of  county 160 

board  of  education  to  establish,  etc 303 

free  public,  maintenance  of,  in  cities 147-48 

librarians  to  report  to  school  commissioner 

to  whom  to  transmit  list 507 

LIBRARY  BOARD: 

for  county  library,  who  to  compose,  etc 161 

LIBRARY  BOOKS : 

preparation  of  list  of 

sale  of 138 

LIBRARY  COMMISSIONERS  : 

(See  state  board  of  library  commissioners.) 

LIBRARY  MONEY  :  • 

when  district  to  forfeit 

superintendent  of  public  instruction  to  forward  statement  of 

apportionment  of 136 

LIFE    CERTIFICATES: 

authority,  revocation  and  filing  of -          270 

when  state  board  of  education  may  issue,  to  graduates  of  normal  training  school 

in  cities  of  250,000 461 

principal  in  rural  agricultural  school  to  have 556-57 

LINCOLN'S  BIRTHDAY  : 

observance  of,  by  public  schools 265 

LIQUORS  : 

minor  children  not  permitted  where,  are  sold 416 

LISTS  : 

of  school  text-books,  when  superintendent  of  public  instruction  to  publish 238 

LOAN  FUNDS : 

establishing,  for  students  of  certain  institutions 483-89 

M. 

MANUAL   TRAINING,   COUNTY    SCHOOLS    OF  : 

act   to  establish 535-44 

management  of 536-43 

establishment  of,  when  placed  upon  approved  list,  etc 544 

MANUAL  TRAINING  SCHOOLS  : 

school  districts  may  establish,  etc 524 

MANUAL  TRAINING  TEACHER  : 

act  to  define  qualifications  of 254-55 

MAPS  : 

of  townships,  showing  boundaries  of  districts,  by  whom  made,  where  filed,  etc 

filing  of,  showing  change  of  boundaries  in  city  districts 336 

act  to  insure  payment  of  sub-contractors'  for. 587-90 

MEDICINE  AND  SURGERY  : 

board  of  education  in  certain  cities  may  control,  etc.,  college  of 526-32 


INDEX. 


The  references  are  to  compiler's  sections. 

J>int,  of  township  boards  of  several  townships 29,  335 

•hea  schoolhouse  used  for  public M» 

f  township  boards,  in  cases  of  appeal 117,  119 

f  board  of  education  city  school  district,  when  held 180 
oint,  of  township  board,  relative  to  change,  etc.,  of  boundaries  of  primary  school 

districts    190 

or  examination  of  teachers,  when  and  where  held 

ownship  school  districts,  of  township  board  for  organization  of 

annual,  in,  notice,  etc 298,  305 

of  board  of  education  in 

>f  board  of  education 323 

>f  board  of  education,  district  of  third  class 360 

)f  board  of  trustees  of  rural  high  schools,  when  held,  etc 501 

(See  district  meetings.) 
Id  SMBERS  : 

)t  district  board,  who  to  constitute 

number  of,  of  board  of  trustees  in  graded  school  districts 120,  321 

term  of  office 120 

of  board  of  county  school  examiners,  by  whom  appointed,  etc 277 

M  BMORIAL  DAY  : 

observance  of,  by  public  schools 265 

&  ESSENGERS  : 

etc.,  of  legislature  not  required  to  attend  school 392 

V  ICHIGAN   AGRICULTURAL   COLLEGE: 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

president  of,  to  approve  schools  before  placed  upon  approved  list 544 

to  carry  on  agricultural  extension  work 566-67 

president  of,  member  of  board  of  control  for  vocational  education 570 

I  ICHIGAN  EMPLOYMENT  INSTITUTION  FOR  THE  BLIND  : 

transfer  of  pupils  from  Michigan  school  for  blind  to 401 

3  ICHIGAN  HOME  AND  TRAINING   SCHOOL  : 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

:   ICHIGAN  SCHOOL  FOR  THE  BLIND: 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

Compulsory    ••duration    of    blind    children    at 401-2 

:  [ICHIGAN  SCHOOL  FOR  THE  DEAF  : 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

compulsory  education  of  deaf  children  at 398  401 

:  IILITARY  TRAINING  : 

establishment  of  optional  course  of,  in  all  high  schools 259 

MINORS: 

not  attending  day  schools,  vocational,  etc.,  education  of 578-80 

1ISDEMEANOR  : 

when  census  enumerator  guilty  of  a 68 

officers,  teachers,  etc.,  interested  as  agent  for  publishers  deemed  guilty  of 145 

when  parents  deemed  guilty  of  a 394 

MODERATOR : 

to  give  oath  to  challenged  voter 43 

chairman  at  district  meetings 45,  323 

election  of,  term  of  office,  etc 46 

appointment  of,  to  fill  vacancy 48 

acceptance  of  office,  where  filed 50 

to  be  member  of  district  board 51 

treasurer  and,  to  audit  and  pay  accounts  of  director 65 

and  director  to  approve  bond  of  treasurer 71 

service  of  process  against  school  district  made  upon 95 

penalty  for  neglect  to  perform  duties 140 

(See  district  board. f 
MONEYS : 

primary    school    fund,    what     to    constitute 1-2 

when  withheld  from  certain  districts 11 

apportionment  of,  by  superintendent  of  public  instruction '.  .  .  22-24 

of  primary  school  interest  fund 

of   districts,    when    dividing,    how    apportioned 

districts  entitled  to  receive  primary  school  interest  fund 

entitled  to  receive  certain 

when  board  may  borrow,  on  strength  of  voted  tax .".  I 

primary  school  interest  fund,  to  be  used  only  for  teachers'  wages 56 

accounting  of  district  school 56 

sectarian  schools  barred  from  public 56 

district  board  to  apply  school,  according  to  law 56 

to  make  report  of,  at  annual  meeting 

orders  for  certain,  by  whom  drawn  and  signed »'.r, 

disposition  of,  collected  on  bond  of  treasurer 71 

"istrict  board  to  provide  for  deposit  of 71 

uties  of  township  treasurer  relative  to  collecting  school 71.   77     st; 

relative  to   paying 

apportionment  of.  t..  districts  l>\    township  clerk 

raised  for  school  tax    how  apportioned 7»; 

accrued  from  one  mill  tax,  how  used 7^ 

paid  by  old  districts  to  new,  how   applied 79 

school,  to  be  paid  next  to  township  expenses h4 

payment  of,  to  fractional  districts 86 

county  treasurers  to  apply  for,  appropriated 89 


1 


324  INDEX. 


- 


The  references  are  to  compiler's  sections. 

MONEYS—  Con. 

to  notify  township  clerk,  etc  ..............................................  89 

limitations  as  to  districts  borrowing  ........................................  90 

when,  for  site  deposited  with  county  treasurer  ................................     109,  114 

library,  when  forfeited  .....................................................  134 

proviso  as  to  non-forfeiture  ...............................................  134 

statement  of  townships  to  receive,  where  filed,  etc  .......  .  .................... 

apportionment  of    .........  .............................................  136 

how  used  ..............................................................  136 

apportionment  of,  collected  on  account  of  neglect  of  officers  .................... 

township  school  district,  amount  of,  estimate  for  schoolhouse  ...................  303 

custody  of,  where  deposited,  etc  ...........................................  306 

when  certain,  to  become  township  school  money  ...........................  313 

who  to  apply  for,  appropriated  for  primary  schools  and  libraries  ................  327 

public,  definition  of  .......................................................  438 

to  be  kept  separate  from  other  funds  ......................................  439 

how  used  ..............................................................  440 

Interest  on,  what  to  constitute  ............................................  441 

public  officer  not  to  receive  consideration  for  depositing  ........................  442 

penalty  for  illegal  payment  of  ............................................  445 

disposition  of  insurance  ..........  ....  ......  .  ............................... 

boards  of  trustees  of  rural  high  schools  may  borrow  ..........................  499 

from  U.  S.,  giving  assent  to  grant  of,  for  co-operative  agricultural  extension  woi-k  .         566-67 

paid  to  secretary  state  board  of  agriculture  .................................  567 

limit  of  amount  of,  school  district  may  borrow  .........  ......................  604 

school  districts  in  certain  cities  may  borrow,  for  improvements  .......  ..........         605-14 

(See  taxes.) 
MONTH,  SCHOOL: 

of  what  to  consist  ....................................................... 

MUSIC  TEACHER: 

act  to  define  qualifications  of  ...............................................         254-56 

N. 

NAMES  : 

on  official  ballot,  school  district  of  third  class,  how  arranged  ...................  357 


text-books  to  consider  nature  and  effects  of  ...................................      60,  303 

NEGLECT  : 

penalty  for,  of  taxable  inhabitant  to  serve  and  return  notice  .................... 

of  district  officers  to  perform  duties  .......................................     140,  263 

liability  of  township  clerk  for,  to  report,  etc  ..................................  141 

of  county  clerk  for  not  transmitting  reports  ................................ 

of  supervisor  and  township  clerk  in  regard  to  taxes  .............  ............  144 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor  ....  ................  394 

NEW  YEAR'S  DAY  : 

observance  of  by  public  schools  .............................................  265 

NOMINATION  : 

of  members  of  board  of  education  in  district  of  third  class  .....................  356 

NOMINATION  PETITIONS  : 

of  candidate  for  member  of  board  of  education,  city  school  district  ............... 

of  candidate  for  trustee,  township  school  district  .........................  ....  297 

of  candidates  for  trustees,  filing  of,  etc  .......................................  593 

NON-RESIDENT  : 

when  may  be  attached  to  district  ............................................ 

admission  of,  pupils,  tuition,  etc  ............................................ 

tuition  of,   pupils  ......................................................... 

credit  of  school  tax  on  tuition  of,  pupils  .....................................  122 

NORMAL  SCHOOL  FUND  : 

origin  of  ................................................................  458 

who  to  have  care  of  .......................................................  459 

NORMAL  SCHOOLS  : 

establishment  of  physical  training  in  ........................................         475-79 

state  board  of  education  to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in  ....  482 

.    (See  state  normal  school.) 

NORMAL  TRAINING  CLASSES  : 

superintendent  of  public  instruction  to  direct  supervision  of  ....................  19 

act  to  establish  ...........................................................         517-23 

(See  county  normal  training  classes.) 

NORTHERN  STATE  NORMAL  SCHOOL: 

act  to  establish  ...........................................................         469-71 

NOTICE  : 

superintendent  of  public  instruction  to  give,  of  apportionment  of  primary  school 

fund   ..............................................................       22,  135 

duty  of  taxable  inhabitant  on  receipt  of,  of  formation  of  district  ................  27 

of  first  meeting  in  new  district  .............................................       27,  320 

by  township  clerk  when  new  district  fails  to  organize  .......................... 

of  meeting  of  township  board  to  form  fractional  districts  ......................  29 

to  alter  boundaries  ......................................................  33 

of  special  meetings  df  district  board,  when  and  how  given  ......................  40 

of  district  meetings,  to  be  given  by  director  ..................................        41,  66 

of  township  clerk  to  supervisors  of  school  taxes  ...............................       74,  328 

who  to  give,  to  directors  of  moneys  to  be  appropriated  .........................  76 

of  apportionment  of  moneys  to  districts,  to  whom  given  ........................  76 

of  supervisor  and  treasurer  of  taxes  assessed  .................................  80-82 

treasurer  to  give,  of  money  in  his  possession  .................................       85,  330 

county  treasurer  to  give,  of  moneys  apportioned  ...............................  89 


INDEX.  325 


The  references  are  to  compiler's  sections. 

NOTICE.— Con. 

of  meeting;  of  district  to  borrow  money 93 

In  proceedings  to  obtain  site,  how  given 105 

of  meeting  to  organize  as  graded  school  district 120 

teachers'  examinations,  how  given 280 

to  teachers  of  intention  to  revoke  certificate 283 

township  school  district,  of  election  for  organization  of 294 

of  annual  meeting  in .  .  > i!t)s 

relative  to  changing  boundaries  in  city  districts 330 

of  registration  and  election,  school  district  of  third  class 355 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given 394-9T> 

teachers'  associations,  of  formation  of,  how  given 421 

of  election  on  establishment  of  rural  agricultural  schools,  when  given 547 

of  establishment  of,  to  whom  given .r>.V.» 

sub-contractor  to  give  written,  what  to  state,  etc 588 

of  election  of  trustees  in  cities  of  fourth  class 593 


O. 


I 


I 


> 


OATH: 

deputy  superintendent  of  public  instruction  to  take 20 

tendered  to  challenged  voter  at  district  meetings 43,  299 

to  be  taken  as  to  correctness  of  census  list 67 

of  juror  in  proceedings  to  obtain  site 107 

of  office,  members  of  board  of  school  examiners  to  take 277-78 

of  election  officers,  school  district  of  third  class 353 

of  office  of  election  inspectors  for  election  of  trustees 594 

OFFICE : 

acceptance  of,  to  be  filed 50-51,  121,  322 

affidavit  of,  as  to  qualifications 

term  of,  of  board  of  school  examiners 277 

OFFICERS  : 

who  eligible  as  school 49 

having  charge  of  records  to  furnish  facilities  for  examination 52 

NE  MILL  TAX: 

disposition    of   surplus 84 

assessment,  collection  and  disposition  of 78 

ee  taxes.) 

ORAL  METHOD  : 

to  be  taught  in  day  schools  for  deaf 585 

ORDER : 

on  treasurer  to  be  countersigned  by  moderator 65 

to  be  drawn  and  signed  by  director 66 

of  township  clerk  on  treasury  for  library  moneys 128,  327 

of  superintendent  of  public  instruction   relative   to   insanitary,   etc.,   schoolhouse, 

when    set  aside 599 

\varrants;  also  moneys.) 

ORGANIZATION  : 

formation,  etc.,  of  new  districts 26-31 

1  school  district 120-25 

of  school  district  certain  cities,  act  to  provide  for 167-89 

of  township  school  districts  in  upper  peninsula 320-35 

school  districts;  also  township  board.) 

OUTIIOUSl 

in  primary  districts,  county  truant  officer  to  Inspect 394 

P. 

ACES: 

etc..  of  legislature  not  required  to  attend  school :'.'.)- 

PAMPHLETS: 

distribution,  etc.,  of  certain,  to  school  districts 496-97 

when  heads  of  state  departments  to  print  additional  copies 497 

PARENTS    AND    GUAR1UANS  : 

entitled   to  vote  at  district  meetings 42 

required  to  send  children  to  school 392 

duties   of    truant   ollji-ers    relative    to 394 

liability  for  not  sending 394 

proceedings  against 395 

to  give  notice  when  children  desire  to  have  tuition,  etc.,  paid 508 

PAROCHIAL  SCHOOL: 

etc..  Instruction  in,  to  be  In  English  language 19 

ARTY   EMBLEM : 

etc.,  not  to  be  placed  upon  school  election  ballots 221 

VI)    FOKFEriTi; 

not   maintaining  live  months'  school 11 

district  for  not  maintaining  certain    1-  n-th  of  school 45,   78,   327 

cniMis  enumerators  for  making  false  returns »'.s 

giving  false  information   to  census  enumerator.  .  .                             68 

damages  to  library  books 129 

taxalile  inhabitant  for  inflect  of  dut  ii  s  in  formation  of  district 139 

district  oilicers1  neglect  to  accept  oilier  ,,r  perform  duties 140,   316 

township  clerk,  for  neglect  in  transmitting  reports 141 

county  clerk  for  not  transmitting  reports 142 

moneys  collected  for,  how  applied 143 

Supervisor  ami  clerk's  neglect  regarding  taxes 144 

neglect   to   teach   prevention   of  diseases 258 

district  officers,  for  not  publishing  financial  statement 263 

purchasing  U.  S.  flag 264 


326  INDEX. 


The  references  are  to  compiler's  sections. 

PENALTIES  AND  FORFEITURES. — Con. 

parent  or  guardian  not  sending  children  to  school 394 

relative  to  school  attendance  by  blind  children 

relative  to  persons  responsible  for  delinquency  of  children 415 

for  allowing  children  to  remain  in  saloons,  etc 416 

illegal  payment  of  public  moneys 445 

PERJURY : 

what  deemed    43 

PERMANENT  FUNDS  : 

to  be  under  control  of  school  board 515 

T*  Ti1  It  iVT  T  T  * 

issue  of,  for  employment  of  children 392,  417 

when  superintendent  of  schools,  etc.,  may  revoke 580 

PETITION  : 

nomination,  of  candidate  for  member  of  board  of  education,  city  school  district, 

filing  of 174 

candidates  for  district  board  of  education  nominated  by 221 

form,    etc 221 

of  electors  for  single  school  district 294 

nomination,  of  candidate  for  trustee  township  school  district,  filing 297 

of  member  of  board  of  education,  district  of  third  class  made  by 356 

for  consolidation  of  rural  schools  into  rural  agricultural  schools 547 

nomination,  of  candidates  for  trustees,  filing  of,  etc 593 

PHYSICAL  TRAINING  : 

to  be  taught  in  schools  of  certain  cities,  etc 435 

establishment  of,  in  public  schools,  etc 475-79 

PHYSICAL  TRAINING  TEACHER  : 

act  to  define  qualifications  of 255 

PHYSIOLOGY  : 

use  of  text-books  on,  in  teaching  dangerous  diseases 257 

PHYSIOLOGY   AND  HYGIENE: 

to  be  taught  in  all  public  schools 60 

penalty  for  failure  of  district  board  to  comply  with  statute 60 

district  board  to  adopt  text-books 60 

by  whom  approved,  etc 60,  229,  462 

text-books  on   303 

PLANS : 

for  school  buildings,  when  approved  by  superintendent  of  public  instruction 598-600 

for  rural  agricultural  school  buildings,  approval  of 552 

PLAYGROUNDS : 

board  9f  education  may  acquire  land  for 534 

authorizing  cities,  etc.,  to  operate  systems  of  recreation  and 627-30 

POLL  LIST: 

to  be  kept  when  voting  on  issuance  of  bonds 

for  school  election  district  of  third  class,  who  to  provide 353 

POLLS : 

in  school  election,  district  of  third  class,  time  open 353 

POOR  CHILDREN  : 

to  be  furnished  with  text-books 61 

POPULATION  : 

of  school  districts,  how  computed 343 

PRESIDENT  : 

of  board  of  education,  service  of  process  against  school  district  made  upon 96 

of  Michigan  agricultural  college  to  approve  schools  placed  upon  approved  list 544 

PRESIDENT  OF  THE  U.  S. : 

certain  days  appointed  by,  observed  by  public  schools 265 

PRIMARY   SCHOOL  INTEREST  FUND  : 

constitutional  provisions  respecting 1,  11 

five  months'  school  to  be  maintained  to  secure 11 

apportionment  of    11,  22 

proceedings  in  case  of  defective  returns  of 

when  deficiency  may  be  apportioned 24 

time  school  to  be  maintained  to  secure ,_ 45 

to  be  accounted  for  under  "teachers'  wages  fund" 54 

to  be  used  only  for  teachers'  wages 56 

not  to  be  applied  to  sectarian  schools 56 

duty  of  township  clerk  in  distributing 72 

how    apportioned    to    districts 75,  323 

county  clerk's  duties  relative  to 88 

county  treasurer's  duties  relative  to 89 

PRIMARY  SCHOOLS: 
(See  schools.) 

PRIMARY   TEACHERS : 

qualifications  of,  defined 254 

PRINCIPAL : 

in  rural  agricultural  school,  certificate  of 556-57 

PRINCIPALS  OF  SCHOOLS  : 

duty  of,  as  to  violations  of  text-book  law 239 

to  certify  to  fact  of  humane  education 249 

PRIVATE  SCHOOLS: 

etc.,  instruction  in,  to  be  in  English  language 19 

PROCEEDINGS  : 

against  school  districts 95-101 

to  obtain  schoolhouse  site 102-16 


INDEX.  327 


Tht  references  are  to  compiler's  sections. 

PROCEEDINGS.— Con. 

in  case  of  incumbrances 113 

upon  appeal  from  action  of  township  board 117-19 

of  board  of  education  city  school  district  to  be  published,  etc 186 

PROCESS  ; 

service  of,  against  school  districts,  upon  whom  made 96 

PROPERTY : 

when  township  board  may  sell  district 37,  45 

to   be  apportioned   on   division    of   district 

when  sale  of  district,  may  be  directed  by  voters 45 

when  husband  and  wife  own,  jointly 49 

care  and  preservation  of  district 59,  122 

of  divided  district,  vested  in  city  district 16M 

{in  territory  annexed 170 

accounting  of,  when  township  organized  into  single  school  district 294 

sale  of,  by  board  of  education 303 

disposition  of,  in  forming  township  districts 332 

to  be  apportioned  on  division  of  township 335 

of  school  district  in  territory  annexed,  to  whom  belongs 345 

of  teachers'  associations 422 

PUBLICATION  : 

of  financial  statement  by  school  board 262 

PUBLIC   BUILDINGS: 

act  insuring  payment  of  sub-contractors  in  repairing,  etc 587 

PUBLIC  DOMAIN  COMMISSION  : 

secretary  of,  and  superintendent  of  public  Instruction  to  select  certain  pamphlets 

sent  to  district  schools 496-97 

PUBLIC  INSTITUTIONS  : 

instruction,  etc.,  of  inmates  in,  supervision  of 625 

PUBLIC  LIBRARIES  : 
(See  libraries.) 

PUBLIC  RECREATION  AND  PLAYGROUNDS: 

authorizing  cities,  etc.,  to  operate  systems  of 627-30 

PUBLIC  SCHOOLS: 

observance  of  holidays  in 265 

observance  of  Carleton  day  in 267 

Declaration  of  Independence  read  on  certain  days  in •. .  .  .  265 

establishment  of  physical  training  in 475-79 

PUBLISHERS'    AGENT 

members  of  district  board  not  to  act  as 49 

PUPILS: 

when  may  be  suspended  or  expelled 

who  may  be 63 

classification  of   63,  122 

admission   of,    to   schools 63-64,  122,  252 

tuition  of  non-resident 64,  303 

in  graded  school  districts,  promotion  of,  in 122 

Declaration  of  Independence  read  to  certain,  on  certain  holidays 265 

township  school  district,  rate  of  tuition  to  non-resident 303 

unlawful  to  organize,  etc.,  fraternity,  etc 418 

admission  of,  to  normal  school 454 

providing  for  payment  of  tuition  and  transportation  of  eighth  grade 508,  511 

transportation  of,  to  and  from  rural  agricultural  schools 553 

Q. 

QUALIFICATIONS: 

of  music,  etc.,  teachers 254-56 

of  voters  at  district  meetings 297 

of  superintendent  of  schools 303 

QUESTIONS  : 

of   examination   for   teachers 281 

R. 

REAL  ESTATE: 

board  of  trustees  of  rural  high  schools  may  hold 601 

RECEIPT: 

when  township  treasurer  to  take  duplicate 86 

RECORD: 

nchool  district,  superintendent  of  public  instruction  to  examine,  etc 19 

director  to  keep,  of  proceedings , 27,  66 

director's,  to  be  evidence  of  organization  of  district :u 

who  to  keep,  of  acceptances  of  office 50 

who  to  provide,  hooks  for  proceedings  of  district  meetings 

officers  having  charge  of,  to  furnish  facilities  for  examination 52 

of  report   of  taxes  to  annual  meeting 57.   3.'U 

teacher  to  keep,  of  pupils r.s 

of  moneys  to  be  kept  by  district  treasurer 71 

to  be  kept  of  consent  of  trustees  in  alteration  of  graded  school  district TJX 

of  certificates  granted  to  ti-aclH-rs,  who  to  keep 284 


who  to  k. •••!>.  of  examination  held  by  board  of  school  examiners 2H4 

KErKEATloN  AND  PLAYGROUNDS: 

authorizing  cities,  etc.,  to  operate  systems  of  public 627-30 

RECREATION  CENTER: 

use  of  schoolhouse,  etc.,  for <131 


328  INDEX. 


of  establishment  of  county  agricultural,  etc.,  school 

on  question  of  voting,  etc.,  taxes  in  certain  school  districts. 
REGENTS: 


of  the  university,  how  elected,  etc 
may  grant  certain  certificates. 


The  references  are  to  compiler's  sections. 

REFERENDUM  : 

on  election  of  school  boards  in  certain  cities 166 

on  consolidation  of  school  districts 191 

on  question  of  dividing  school  districts  into  voting  precincts 223 

on  question  of  registration  of  electors  in  certain  city  districts 228 

on  disbandment  of  township  school  district 295  . 

on  issue  of  bonds  for  maintenance  of  free  public  libraries 148-49 

on  act  to  classify  certain  school  districts 365 

-      '  535 

621 

5-7 
269 

REGISTER  : 

of  school  to  be  kept  by  teacher 58 

REGISTER  OF  DEEDS  : 

copy  of  resolution  for  consolidation  of  school  district,  filed  with 192 

REGISTRATION  : 

of  electors  in  school  elections  in  certain  cities 42 

of  electors  in  school  districts,  notice  of,  etc 216-24 

in  city  school  districts,  referendum 226 

of  electors  in  newly  organized  school  district 175 

in  school  district  of  third  class 354 

first,  when  made 354 

notice  of,  how  and  when  given 355 

REGULATIONS  : 

for  government  of  schools 62,  327 

at  elections  to  vote  on  issuance  of  bonds 90 

for  government,  etc.,  of  libraries 129 

with  reference  to  admission  of  pupils  to  take  advanced  courses  of  study 481 

REMOVAL : 

of  certain  officers  by  governor 

from  district  to  vacate  office 

of  schoolhouse  from  leased  site 

of  officers  in  graded  school  district 

RENEWAL  : 

of  teacher's  certificate,  when  made,  etc 281 

REPAIRS  : 

(See  schoolhouses.) 

REPLEVIN  : 

against  school  districts,  justices  of  the  peace  to  have  jurisdiction 95 

REPORT : 

superintendent  of  public  instruction  to  make  annual,  to  governor 19 

district  board  to  make,  at  annual  meeting 57,  331 

directors  to  make  annual 69 

of  director,  where  filed 69,  72 

to  whom  made  in  fractional  districts 70 

treasurer  of  school  district  to  make  annual 71 

township  clerk  to  make  triplicate 

board  of  education  to  make  triplicate 

township  clerk  to  make  certain,  to  treasurer  and  director 76 

supervisor  to,  taxes  assessed  to  township  treasurer 81 

township  clerk's  duties  relative  to 88 

of  township  clerk  and  board  of  education  relative  to  libraries 133-34 

liability  of  officers  for  failure  to  make 141-42 

of  board  of  education  city  school  district,  what  to  contain 186 

to  whom  academies,  etc.,  to  make 268 

county  commissioner  of  schools  to  make 284 

township  school  district,  annual,  what  to  contain,  etc 305 

of  school  moneys  received,  when  made,  etc 306 

state  board  of  education  to  make,  to  legislature 456 

publication,  etc.,  of,  of  superintendent  of  public  instruction 493-95 

board  of  trustees  of  rural  h;gh  schools  to  make  certain 498 

monthly,  of  truant  officer,  relative  to  children  of  indigent  parents 515 

board  maintaining  day  schools  for  deaf  to  make 548 

of  state  board  of  control  for  vocational  education 571 

RESIDENTS  : 

notified  of  first  meeting  in  school  district 27 

qualifications  of,  to  vote  at  district  meetings .' 42 

rights  of,  to  attend  school 63 

exceptions  of,  in  school  census 67 

RESOLUTION  : 

on  consolidation  of  school  districts,  when  territory  annexed 192 

what  to  set  forth 193 

RETIREMENT  FUND  : 

teachers',  act  providing 424-37 

REVOCATION  OF  TEACHERS'  CERTIFICATE: 

by  board  of  school  examiners 283 

by    state    board    of    education 452-53,  461 

ROOSEVELT'S  BIRTHDAY: 

observance  of,  in  public  schools 265 

ROUTES : 

designation  of,  for  transportation  of  pupils  to  and  from  rural  agricultural  schools .  553 

RULES : 

(See  regulations.) 


INDEX.  329 


The  references  arc  to  compiler's  sections. 

Rl  RAL  AGRICULTURAL  SCIIOO1 

ct  providing  for  establishment  of  ..........................................  545-63 

division  of,  into  classes  ...................  546 

Ri  RAL   HKill    SCHOOLS  : 

n  act  to  establish  or  discontinue  ..........................................  494-505 

,-hen  question   of,   submitted   to    •  •!.•<•(,  ,rs  ......................................  498 

oard  of   trustees  of,  when  and  how  elected  ...................................  500 

term    of    office  ........................................................  500 

duties   ....................  501 

R     RAL    SCHOOL   DISTRK 

/hen    consolidation    of,    effective  .............................................  f>47 

vhen,  annexed  to  rural   'lu'ricultural  district  ..................................  547 

vhen.  consolidated,  election  of  trustees,  etc  ..................................  548 

lefined   ..................................................................  564 

S. 

S.  LARY  : 

»f  superintendent  of  public  instruction  .......................................  19 

>f  deputy  and  assistant  superintendent  of  public  instruction  ....................  20 

>f  touchers  not  affected  because  of  holidays  ..................................  265 

)f  state  director  of  physical  training  ........................................  478 

S    LE  OF   PROPERTY: 

arhen,  made  by  township  board  .............................................  37 

to  be  directed  by  districts  ..................................................  45 

when  made  by  district  board  ...............................................  53 

S  .LOON  : 

children  not  permitted  in,  gambling  houses,  etc  ...............................  416 

S.  -LT  SPRING  LANDS  : 

interest  on  proceeds  from,  application  of  .....................................  15 

S  'HEDULE: 

of  places,  etc.,  for  holding  examinations,  publication  of  .........................  280 

S  'HOLARS: 

(Sec    pupils.) 

S  !HOLARSHIPS: 

school  districts  may  maintain  ...............................................  524 

S  !HOOL  : 

to  be  free  ................................................................  11,  320 

to  be  maintained  at  least  five  months  ........................................  11 

public,  superintendent  of  public  instruction  to  supervise  instruction  in  ...........  19 

when,  may  be  discontinued  in  a  district  ......................................  45 

time  necessary  to  be  maintained  ............................................  45,  327 

who  to  fix  minimum  length  of  time  of  ........................................  45,  327 

who  to  estimate  and  vote  taxes  for  support  of  ................................  54,  328 

not  to  be  sectarian  ........................................................  56 

register  of,  to  be  kept  by  teachers  ...........................................  58 

district  board  to  prescribe  text-books  for  .....................................  60 

pupils  may  be  suspended  or  expelled  from  ....................................  62 

penalty  for  disturbing  .....................................................  f>-j 

district  board  to  establish  regulations  for  ....................................  62,  327 

resident  pupils  admitted  to  .................................................  63 

not  to  be  separated  on  account  of  race  .......................................  63 

statistics  of,  to  be  reported  by  director  ......................................  63 

may  be  graded  ............................................................  63,  122 

admission  of  non-resident  pupils  to  ..........................................  64,  303 

humane   education   in  ......................................................  247-49 

visitation  and  examination  of  ...............................................  284 

children  of  certain  ages  required  to  attend  ........................                  .  :;irj 

when  ungraded,  to  be  established  ............................................  396 

children  attending,  not  permitted  in  saloons,  etc  ..............................  416 

abolishment  of  fraternities,  etc.,  in  ..........................................  418 

training,  in  connection  with  state  normal  ......................  451 

physical  training  to  be  taught  in  certain  .....................................  480 

when,  placed  upon  approved  list  ............................................  544 

persons  desiring  to  teach,  with  whom  to  file  certificate  .........................  4«;  1 

who  to  publish  course  of  study,  etc.,  for  certain  ...............................  4!>:i 

act  to  establish  rural  high  ...............................................  498-505 

board  of  trustees  of  rural  high,  to  visit  ................  MM 

rural  agricultural,  act  providing  for  establishment  of  ..........................  545-63 

division  of,  into  classes.  .                                ...........  546 

in  cities  of  fourth  class,  board  of  edu<  -ati-.n,  etc  ..........  501-92 

£  CIIOOL  APPARATUS  : 

provision    for    ...............................................  45 

SCHOOL  BOARD: 
(See  district  board.) 

may  permit  use  of  schoolhouse,  etc.,  as  recreation  cei                      .................  631 

SCHOOL  Bom 
(See   text-boo; 


issue  of  bonds  in  city  school  district  for  erection  of  ..........  183 

plans  for,  when  approved  by  superintendent  of  public  instruction.  598-600 
fiCHOOL   CBNSUS  : 

when   and    how   taken  ...............................................  67 

in  city  school  district,  who  to  provide  for,  etc  ..........................  '.  ......  187 


330  INDEX. 


The  references  are  to  compiler's  sections. 

SCHOOL  DISTRICTS  : 

apportionment  of  primary  school  money  to 11 

of  what  composed 26 

to  be  numbered 26 

formation  of   26-31 

f urination    of    fractional 29 

when  deemed  legally  organized 30 

when  may  be  dissolved ". 30 

corporate  powers  of 

name  and  style  of 32 

when  consent  of  taxpayers  to  be  obtained  to  alteration  in 

when  persons  outside,  may  be  attached 35 

alterations  to  be  reported  to  director 36 

division  of  property  in  forming  new,  from  old 

meetings  of,  when  held,  etc 39,  45,  323 

may  borrow  money  on  strength  of  voted  tax 54 

who  to  make  annual  report  of 57,  331 

who  to  appear  in  suits  for  or  against 71 

treasurers  of,  to  file  bond,  duties  of,  etc 71 

map  showing  boundaries  to  be  made 73 

moneys  to  be  apportioned  to 75-76 

when  moneys  paid  by  old,  to  new 79 

levy  and  collection  of  taxes  in  fractional 80 

may  borrow  money  for  sites  and  buildings 90 

to  pay  indebtedness 93 

may  vote  to  pay  money  borrowed 93 

per  capita  tax  in,  to  pay  school  expenses,  etc 94 

suits  and  judgments  against 95-101 

service  of  process  against,  upon  whom  made 96 

judgments  against  fractional ". 100 

appeal  from  action  of  township  board 117-19 

what  districts  may  organize  as  graded 120,  124 

organization  of,  etc.,  graded 120-25 

change  of,  from  primary  to  graded 125 

may  issue  bonds  for  public  library 155-59 

act  to  provide  for  organization  of  certain 167-89 

when  township  board  may  divide  or  change  boundaries  of 190 

consolidation    of    191 

consolidation  of,  with  city  school  district 192 

consolidation  of,  in  incorporated  city 198-206 

city,  division  of,  into  election  precincts,  referendum 207-24 

registration  of  electors  in 217-19 

city,  registration  of  electors  in,  referendum 226 

copies  of  lists  of  text-books  to  be  sent  to 238 

may  purchase  listed  text-books 242 

how  authorized  to  purchase  and  sell  text-books 242-43 

re-sale  of  books,  on  removal  from 244 

to  employ  legally  qualified  teachers 288 

officers  of,  when  to  deliver  books,  etc.,  to  township  board  of  education 294 

township,  board  of  education  in,  election,  term,  etc 297 

township  school  districts,  organization  of 296 

township   organization   of . . . .- 320-35 

change  of  boundaries  of  city 336-39 

act  to  classify  certain 340-66 

of  12,000  and  less  than  75,000,  third  class 341 

division  of,  into  classes 341 

of  500  and  less  than  12,000,  fourth  class 341 

of  third  class,  division  of,  into  voting  precincts 353 

advanced  courses  of  study  authorized  in  certain 481 

who  to  provide  course  of  study,  etc.,  for 493 

distribution,  etc.,  of  state  pamphlets,  etc.,  to 496-97 

providing  for  transportation  of  certain  pupils  in 508-9 

may  establish  trade,  etc.,  schools,  etc 524-25 

when  consolidated,  disposition  of  property  of 549 

officers  of,  to  require  bond  to  insure  payment  of  sub-contractors 587 

cities  of  fourth  class,  to  constitute  single 591 

board  of  education,  election,  etc 592 

limit  of  amount  of  money,  may  borrow 604 

in  certain  cities  may  borrow  money  for  improvements 605-14 

in  cities  of  60,000  or  under,  voting,  etc.,  taxes  for 616-22 

highway  to  be  established  to  every  school  building  in 624 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  playgrounds 627-30 

in  newly  organized  city  school  district,  who  qualified  voter  at 175 

annual,  in  districts  of  third  class  when  held 349 

SCHOOL  ELECTOR : 

who  qualified,  in  district  of  third  class 351 

lcS88L  foR  THE  BliNAI86  CO>mty  b°"d  °f  8Ch°O1  «""»ln«s- > 

superintendent  of  public. instruction  to  supervise  instruction  in..  .  19 
SCHOOL  FOR  THE  DEAF  : 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

SCHOOL  FUND  : 

general,  percentage  of  proceeds  of  boxing,  etc.,  matches  credited  to 446. 


INDEX.  331 


The  references  are  to  compiler's  sections. 

S  'HOOLHOUSES: 

when  certain  persons  not  liable  to  tax  for  building 37 

not  needed  may  be  sold 37,  45,  53 

building  committee  may  be  appointed 45 

districts  to  vote  tax  for  appendages  to 45 

district  to  direct  the  procuring  of,  sale  of 45 

when  land  not  to  be  taxed  for  building 45 

tax  for  repairing,  limited 45 

repairs  to,  who  to  make,  etc 45 

site  for,  to  be  purchased  or  leased 4:.    '.',  :>.(> 

tax  for  building,  limited -}.'. 

board  to  procure 53,  :vJ7 

district  board  to  have  care  of,  etc 59 

when  open  or  closed  for  public  meetings nu 

director  to  provide  appendages  to 66 

limitation  of  indebtedness  to  build 90 

bonds  may  be  issued  to  build 90 

board  of  education  may  acquire  sites  for 534 

sale  of  tax  homestead  lands  for  sites 593 

plans  for,  when  approved  by  superintendent  of  public  instruction 598-600 

superintendent  of  public  instruction  to  approve  heating  system  installed  in 601 

factory  inspectors  may  order  fire  escapes  on - •;>j:i 

township  board  to  establish  public  highway  to  every 624 

use  of,  as  community  or  recreation  center 631 

CIIOOL  INSPECTORS: 

electors  qualified  to  vote  for,  how  governed 42 

election  of,  in  certain  cities 164-66 

•CHOOL  LOTS  : 

amount  of  tax  levied  in  city  school  district  for  purchase  of 182 

iCHOOL   MONEYS: 

(  See  moneys.) 
iCHOOL  MONTH  : 

of  what  to  consist 58 

SCHOOL  OFFICERS  : 

district,  election  of 45 

not  to  be  interested  in  any  contract  with  district 145 

to  procure  only  books  listed  with  superintendent  of  public  instruction 235-46 

salaries  of,  not  affected  because  of  holidays 265 

county  commissioner  to  call  meetings  of,  of  county 291-93 

SCHOOL  RECORDS : 

officers  having  charge  of,  to  furnish  facilities  for  examination 62 

SCHOOL  SITE: 

in  city  school  district,  issue  of,  bonds  for  purchase  of 183 

SCHOOL  TAXES  : 

who  qualified  to  vote  on,  in  certain  cities 42 

SCHOOL  TRUSTEES : 

•-lection  of,  in  cities  of  fourth  class 593 

SCHOOL   YEAR: 

when  to  commence,  length  of .  .11    39    42 

SCHOOL  FOR  DEAF  : 

act    establishing  day 581-86 

SECRETARY : 

of  board  of  education  city  school  district  not  to  be  member 179 

school  district  of  third  class,  duty  in  election 358 

SECRETARY  OF  STATE: 

oath  of  deputy  superintendent  of  public  Instruction  filed  with.  .  20 
SECRET    SOCIETIES: 

abolishment  of,  in  public  schools,  etc 418-20 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys 56    390 

SERVICE  OF   PROC1 

against  school  districts,  upon  whom  made 95 

SEX  imill 

not  to  be  taught  in  public  schools 476 

SHERIFF: 

to  remove  respondent  from  school  property Ill 

SIGNATURES: 

number  required  on  petition  nominating  member  district  board  of  education...  221 
SIMILE    SCHOOL    DISTRICT: 

cities  comprising,  who  qualified  electors  in   school  elections 42 

organisation  of  township  into 294 

term  defined   HOH 

SINKINC;   FI'ND  : 

school  di.-ti  i«  t  to  provide,  for  redemption  of  library  bonds 158 

SITES   FOK   SCHOOLHOFSES : 

when  not  needed  may  be  sold 37,  53 

notice  of  meeting  to  change 41 

voters  to  direct  procuring  of 4?> 

lease  or  purchase  of 45,  5.'i 

issuance  of  bonds  for  purchase  of no 

how   designated    1  m> 

to  be  selected  by  a  two-thirds  vote mu 

pro.- lings   to   obtain 102-16 

compensation  for,  how  determined   in  certain  <  .                     107 

claims  against,  settled  by  circuit  ju.l.                                                                 113 


332  INDEX. 


- 


The  references  are  to  compiler's  sections. 

SITES  FOR  SCHOOLHOTJSES.— Con. 

in  city  school  district,  issue  of  bonds  for  purchase  of 

township  board  of  education  may  purchase,  etc 303,  534 

board  of  education  to  estimate  amount-  of  money  for 

sale  of  tax  homestead  lands  for 593 

SORORITIES  : 

abolishment  of,  in  public  schools,  etc 418-20 

SPECIAL  ELECTION  : 

school  district  of  third  class,  to  fill  vacancies  in  board 359 

SPECIAL  MEETINGS  : 
(See  district  meetings.) 

STAR   SPANGLED  BANNER: 

applicant  for  eighth  grade  diploma  to  memorize  first  verse  of 266 

STATE  AID: 

rural  agricultural  school  entitled  to,  amount 

statement  of,  to  legislature 563 

STATE  BOARD  OF  AGRICULTURE  : 

election  of,  powers  and  duties 

may  grant  teachers'  certificates 

duty  of,  to  co-operate  with  supervisors  in  agricultural  education 

secretary  of,  to  receive  funds  for  agricultural  extension  work 567 

STATE  BOARD  OF  CONTROL : 

for  vocational  education,  who  to  compose 

to  make  annual  report  to  governor,  etc 577 

STATE  BOARD  OF  EDUCATION  : 

election  of,  term  of  office,  etc 8,  18 

to  grant  certificates  to  graduates  of  colleges 

may  refuse  to  accept  certain  diplomas 

power  of,  to  provide  for  care  of  blind  babies 407-11 

to  contract  with  institutions 408-09 

to  be  a  body  politic 447 

powers  and  duties  of ,  . . 447 

regarding  state  normal  school 449,  457 

members  of,  not  to  act  as  agent 450 

to  grant  diplomas  to  graduates  of  state  normal  school 452-53 

to  make  report  to  legislature 456 

to   grant    state    certificates    to    teachers . .  461 

when,  may  issue  life  certificate  to  graduates  of  normal  training  school  in  cities 

of   250,000    461 

persons  desiring  to  teach,  with  whom  to  file  certificates  approved  by 464 

powers  and  duties  regarding  central  Michigan  normal  school 465-67 

powers  and  duties  regarding  northern  state  normal  school 469-71 

to  procure  site  for  western  state  normal  school 473 

to  have  control,  etc.,  of 

to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in  normal  schools 480 

president  of,  member  of  board  of  control  for  vocational  education 570 

STATE  BOARD  OF  HEALTH : 

to  approve  text-books  regarding  communicable  diseases 257 

STATE  BOARD  OF  LIBRARY  COMMISSIONERS  : 

duties  of 484,  491 

appointment  and  term  of  office  of 490 

who  to  constitute 490 

vacancies  in,  how  filled 490 

reports  of,  to  whom  made,  etc. .  491 

STATE  CERTIFICATES: 

to  be  granted  to  graduates  of  certain  colleges 270 

when  granted  to  graduates  of  state  normal  school 452-53 

when  granted  by  state  board  of  education 461 

STATE  DEPARTMENTS: 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction 496 

STATE  DIRECTOR  OF  PHYSICAL  TRAINING: 

superintendent  of  public  instruction  to  appoint,  duties,  salary,  etc 478 

STATE  INSTITUTIONS  : 

maintenance  of   12 

certain,  to  be  under  supervision  of  superintendent  of  public  instruction 19 

instructors  in,  to  be  citizens  of  U.  S 276 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction.  .  .  .  496 

STATE  LANDS : 

interest  from  sale  of.  application  of 13 

STATEMENT  : 

of  state  aid  to  rural  agricultural  schools,  who  to  make 563 

STATE  NORMAL  SCHOOLS: 

professional  instruction  in 449 

training  school  in 451 

diplomas  and  certificates  to  graduates  of 452-53 

an  act  to  change  the  name  of 468 

physical  training  to  be  taught  in 483 

STATE  PUBLIC  SCHOOL: 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

STATE  TEACHERS'  INSTITUTE: 

to  be  held  annually 387 

expenses  of,  how  paid 388 

STATE  TREASURER : 

payment  of  transportation  of  indigent  deaf  children 399 

of  Indigent  blind  children 402 


INDEX. 


333 


The  references  are  to  compiler's  sections. 

S';  A.TE   TREASURER.— Con. 

x-offlcio  treasurer  of  teachers'  retirement  fund 426 

ustodian  of  funds  for  vocational  education .  571 

o  reimburse  district  maintaining  day  school  for  deaf.  .  583 

S'   UDENT: 

lumber  of,  to  establish  course  of  military  training 259 

oinor  child  who  is.  not  permitted  in  saloon,  etc 416 

•f  certain  Institutions,  establishing  loan  funds  for.  .  483-89 

S'  UDIES  : 

o  be  prescribed 60 

81  B-CONTRACTORS  : 

ict  insuring  payment  of 587-93 

S    ITS: 

nay  be  brought  for  or  against  district 

jrosecution,  etc.,  of,  by  or  against  district 45 

Teasurer  to  appear  for  district  in 

m  treasurer's  bond 71 

•vhen  moderator  may  appear  in,  for  district 71 

lurisdiction  of  justices  in 95 

ind  Judgments  against  district 95-101 

summons   in.   served   on   treasurer 96 

not  brought  to  collect  Judgment 97 

actions,  judgments  and  proceedings.) 
S    PERINTENDENT  OP  COUNTY  SCHOOLS  OF  AGRICULTURE,   I 

who  eligible  as 544 

S  IPERINTENDENT  OP  PUBLIC  INSTRUCTION: 

constitutional  provisions  relative  to 

election  and  term  of  office  of 

residence,  qualifications,  duties,  etc 

to  direct  supervision  of  county  normal  training  classes 

to  have  general  supervision  of  public  instruction 

make  annual  reports  to  legislature 

visit  state  institutions,  etc 

may  request  removal  of  county  commissioner  of  schools 

appoint  a  deputy  and  assistant 

to  prescribe  duties  of  assistant 

to  prepare  list  of  library  books 

to  prepare  and  print  general  course  of  study 21 

to  prepare  rules  for  management  of  libraries 21 

duties  relative  to  apportionment  of  primary  school  moneys 22,  24 

to  deliver  books,  etc.,  to  successor 

duties  relative  to  school  census 67 

when  board  of  education  to  make  triplicate  reports  to 

reports  to,  relative  to  libraries 133-34 

to  forward  statement  of  library  money  to  districts 135 

may  grnnt  kindergarten,  drawing,  etc.,  certificates 254-55 

copies  of  school  text-books  to  be  filed  with 235 

special  editions  of  text-books  to  be  filed  with 

to  send  copies  of  text  hook  lists  to  school  authorities 238 

duty  of,  as  to  violations  of  text-book  act 

when  may  suspend  right  to  sell  text-books 

when  to  declare  bond  forfeited 239 

board  of  education  subject  to  removal  by,  upon  failure  to  establish  course  of  mili- 
tary training 260 

proof  of  publication  of  i>:  r  annual  school  meeting,  etc.,  filed  with 262 

incorporated  academies  to  report  to 268 

forms  of  teachers'  certificates  to  be  prepared  by 281 

questions  for  examinations  of  teachers  to  be  prepared  by 281 

•id  examination  questions  to  examining  officers 281 

prescribe  form  of  rules  for  boards  of  school  examiners 282 

to  appoint  assistant  conductor  of  institutes 284 

annual  reports  of  county  commissioner  to  be  made  to 284 

t«>  assist  county  commissioner  at  county  meeting  of  school  officers 293 

when,  may  remove  school  trustee  from  office 

appeals  to.  in  actions  relative  to  school  districts 319 

annual  county  teachers'  institutes  to  be  held  by 3^4 

may  appoint  conductors  of  teachers'  institutes 

When,  may  draw  on  state  treasurer  for  aid  to  teachers'  institutes 

or  state  institutes,  how  drawn  bv 

establishment    of    hureaii    of    information    in    office    of :!!»("> 

to  provide  instruction  for  adult  blind  persons 403-06 

a  member  of  teachers'  retirement  fund  hoard 424 

to  appoint  state  director  of  physical  training 478 

may  prepa  i •••  certain  courses  of  study,  etc 493 

who  to  distribute  report  of 

to  prescribe  forms  for  publication  and  distribution  of  report 493-95 

and  secretary  public  domain  commission  to  select  pamphlets  sent  to  school  districts        4" 

to  approve  course  of  study  for  rural  hi«h  schools r.nl 

board  of  trustees  of  rural  high  schools  to  make  certain  report  to 501 

when  may  grant  permission  to  establish  county  normal  training  classes 517 

to  be  member  of  county  normal  board 518 

to  prescribe  form  of  certificate  of  graduation  from  county  normal  training  classes  519 

to  have  general  supervision  of  county  schools  ,.f  agriculture,  etc 544 

to  approve  schools  before  placed  upon  approved  list Ml 

notice  to.   when   in   favor  of  establishing  rural   agricultural  school 548 


334  INDEX. 


The  references  are  to  compiler's  sections. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. — Con. 

to  approve  plans  for  rural  agricultural  buildings 552 

notice    to,   when    school    established 559 

to   cause    inspection   of 560 

duty  of,  relative  to  establishment  of  day  schools  for  deaf 565-85 

member   of  state  board  of   control  for  vocational   education 570 

executive  officer  of   570 

may   condemn   schoolhouses 596 

when  to  approve  plans  for  school  buildings 598-600 

when  may  close  schoolhouses 599 

to  approve  heating  .system  installed  in  schoolhouse 601 

to  approve  course  of  study  in  certain  institutions 625 

qualifications  of  teachers  in  public  institutions  to  be  approved  by 626 

SUPERINTENDENT    OF    SCHOOLS: 

powers  and  duties  of,  in  graded   school  districts 122 

city  school  districts,  election  of,  etc 185 

duty  of,   as  to  violations  of  text-book  act 239 

in  township  districts,  by  whom  employed 303 

when  president  of  board  of  education   to  perform  duties  of. 304 

duty    of,    as    to   truants 394 

permit  of,  for  employment  of  children 417 

SUPERVISORS  : 

map   of   township   to   be   filed    with 73 

township   clerk   to   certify  taxes   to 74,  328 

to   assess    school    taxes .  .  . 77,  328 

to  assess  one-mill  tax 78 

equalization  of  taxes  by 80 

certifying  and  levying  taxes  in  fractional  districts  by 80 

to  deliver  warrant  for  collection  of  taxes  to  township  treasurer 81 

to  assess  judgment  against  school  district : 101 

liability  for  not  assessing  taxes 144 

(See  taxes.) 

SURETY  BONDS : 

payment  of  premium  on 45,  457 

treasurer    may   furnish 121,  457 

SUSPENSION  : 

of  pupils  from  school 62 

of  teachers'  certificates 282 

of  pupils  organizing  fraternity,  etc 419 

SYSTEM  OF  HUMANE  EDUCATION  : 

act  to  provide 247-49 

T.  • 

TAXABLE   INHABITANTS: 

duties  in  relation  to  formation  of  district 

penalty  for  neglect  of  duty 

TAXATION  : 

constitutional  provisions  relative  to 

exemption  of  school  bonds  from 

TAXES : 

how  surplus  of  one-mill,  may  be  applied 

non-taxpayers  not  to  vote  on  question  involving.. 

for  repairs  to  schoolhouse 

for  building  schoolhouse  or  purchasing  site 

for  apparatus,  etc.,  for  schoolhouse 45 

limit  of,  for  certain  purposes 45,  328 

amount  of,  for  services  of  district  officers 

for  incidental  expenses 

limit  of,  for  support  of  school 

estimated  and  reported  by  district  board 54,  328 

report  of,  by  board  to  township  clerk 

money  raised  by,  not  to  be  diverted 

for  books  for  indigent  children 

assessed  on  division  of  district £4 

when  reported  to  supervisor **•  A** 

apportionment  of,   when  collected ' J* 

failing  to  be  assessed,  to  be  levied  the  next  year 77 

supervisor   to   assess    T-T  TQ 

assessment  of , -I    I! 

duties  of  township  treasurer  relative  to  collection  of T7,  o£ 

assessment,  collection  and  disposition  of Jo 

in  township  before  any  school  is  maintained 

an  old  district  for  new 

certifying  of,  in  fractional  districts 

equalization   of 

warrant  for   collection   of °i 

apportionment  of,  when  district  is  divided 8<*»  a.-ja 

for  school  purposes  to  be  paid  next  to  township  expenses £* 

when  township  treasurer  to  pay  out  certain oo,  adi 

may  be  raised  to  pay  borrowed  money 

per  capita,  to  pay  school  expenses,  etc » J 

judgments  against   districts |«i 

when  credited  on  tuition  of  non-resident  pupils *|* 

for  support  of  libraries •  •  •  " 


'AXES.— Coi 


INDEX.  335 


The  references  are  to  compiler's  sections. 

LXES. — Con. 

liability  of  supervisors  for  not  assessing 144 

for  maintenance  of  county  library,  amount,  etc 160 

for  teachers'  wages,  etc.,  board  of  •'duration   to  vote 303 

township  school  district,  report  of 303 

amount  of,   how  determined,  etc 307 

school,  to  be  kept  in   separate  column  on  assessment   roll 308 

school,  to  be  in   separate  column 329 

for  care,  etc.,  of  blind  babies 410 

board  of  education  to  vote,  for  payment  of  tuition,  etc..  of  eighth  grade  pupils.  .  ..  508 

school,  voting,  etc..  in  cities  of  60,000  or  under 616-22 

TAX    HOMESTEAD  LANDS: 

sale  of,  for  sites  for  schoolhouses 597 

TEACHERS  : 

payment  of,  from  primary  school  interest  fund 

public  moneys  not  to  be  paid  to,  not  holding  certificates 

to   keep   school   register 

to  be  furnished  with  copy  of  contract 58 

contracts  with ." 58,  122,  327 

employment  of 58,  122,  327 

to  file  certificate  of  instruction  in  physiology,  etc.,  with  director 

districts  employing  unqualified,  deprived  of  primary  money 

not  to  act  as  agent  for  school  books,  etc 

to  certify  to  humane  education  in  school 249 

qualifications  of 

act  to  define  qualifications  of  certain 254-56 

to  give  instruction  regarding  prevention  of  communicable  diseases 

salaries  of,  not  affected  because  of  holidays 

when  to  have  Declaration  of  Independence  read 

who  to  give,  certificate  to  graduates  of  certain  colleges 270,  272 

school,  certificates  granted  only  to  citizens  of  U.  S 276 

examination  of.  by  county  board  of  school  examiners 280-81 

certificates  given  to,  by  county  board  of  school  examiners 281 

grades  of,  certificates 282 

revocation  or  suspension  of  certificates 283,  453,  461 

records  of,  certificates  to  be  kept 284 

list  of,  to  be  furnished  township  clerk 284 

school  district  to  employ  legally  qualified 288 

in  township  school  districts,  by  whom  hired,  contracts,  etc 303 

fees,  to  pay  on  obtaining  certificates 382 

may  close  school  to  attend  institutes 385 

registration  of,  desiring  employment 390 

duty  of,  as  to  truants 394 

duty  of,  in  reporting  fraternities,  sororities,  etc 419 

contributions  of,  to  retirement  fund 429 

when  entitled  to  annuity 431 

school,  what  deemed 435 

certificates  u'iven  to  certain  pupils  of  state  normal  school 452-53 

state  board  of  education  to  grant  certain  certificates 461 

examination  of,  by  state  board  of  education 461 

with  whom  to  file  certain  certificates 463 

who  to  appoint,  for  rural  high  schools 501 

to  make  monthly  report  regarding  children  of  indigent  parents 516 

how  qualified  by  certificates  of  county  normal  training  classes 520 

how   provided    for 521 

employment  of,  in  day  schools  for  deaf 585 

in   public  institutions,   superintendent   of  public   instruction   to   approve  qualifica- 
tions of 626 

rBACHERS1   ASSOCIATIONS  : 

formation    and    Incorporation    of 421-23 

principal  in  rural  agricultural  school  to  have 556-57 

FEATHERS'   INSTITCTKS  : 

superintendent  of  public  instruction  to  appoint  instructors,   etc 19 

funds  for  support  of,  how  rained 382-83 

annual,  to  be  held  in  each  county 384 

counties  may  be  united  in 384 

teachers  mav  close  school  to  attend 385 

conductor  of,  may  be  appointed.              385 

expenses  of,  how  paid 

state  treasurer  to  aid 

state,  to  be  held  annually 

expenses  of,  how  paid 388 

expense  vouchers  for.  where  filed 

who  may  publish  outlines  for  40:< 

TEACHERS'    KETIUE.MENT    FUND: 

act  providing 424-37 

TEACHERS'    RETIREMENT    I  IM>    BOARD: 

WOO  to  compose,   duties,   etc 424-30 

secretary  of,  salary,  etc 425 

TEACHERS'  WAGES: 

when  primary  school  fund  insufficient   to  pay 

not  affected  because  of  holidays 265 

TEACHERS     WAGES    FTND :     ' 

£*y  money  to  be  accounted   for  under 54 

uship  school  district  tax  for 303 


336  INDEX. 


The  references  are  to  compiler's  sections. 

TERM  OF  OFFICE: 

of  state  officers 4-9 

district  officers 46,  120,  317 

of  members  of  certain  city  boards  of  education 164,  172 

members  of  board  of  school  examiners 277 

of  members  of  board  of  education,  district  of  third  class 

board  of  trustees  of  rural  high  schools 500 

of  trustees  in  cities  of  fourth  ch»ss 591 

TERRITORIAL  LIMITS  : 

of  school  district,  increase  or  decrease  of 

TEXT-BOOKS  : 

by  whom  prescribed 

not  to  be  changed  within  period  of  five  years 

on  physiology,  etc.,  by  whom  approved 60,  257,  462 

use  of,  relative  to  nature  and  effects  of  alcoholic  drinks 60,  803 

to  be  approved  by  state  board  of  education 60,  303 

to  be  furnished  to  indigent  children 

district  board  to  purchase,  when  authorized 229-30 

when  to  be  property  of  district 

when  proposals  for,   advertised 

who  to  make  contract  for  furnishing 

who  to  estimate  amount  necessary  to  purchase 232 

when  district  board  to  purchase 233,  257 

penalty  for  failure  of  district  board  to  comply  with  law 

only  listed,  to  be  used  in  public  schools 

retail  dealers'  profit  on   

purchase  of,  when  family  removes  from  district 

regulation  of  sale  of 

conditions  of  sale  of 

filing  of  copies  of 

statement  of  price  list  of «««  22 

bond  to  be  filed  by  dealer  in 236-3 

abridged  or  special  editions  of 

combinations  in,  prohibited 

copy  of  list  of,  to  be  sent  to  school  authorities 

illegal  inducements  to  sale  of 

sample  copies  of 

illegal  charges  for • ^4 1 

purchase  and  sale  of,  by  districts ^    of 

resale  of,  on  removal  from  district 

in  township  school  districts,  board  of  education  to  select 

when  question  of  free,  submitted  to  voters 

when,  furnished  free  of  charge 513 

TOWNSHIP  BOARD: 

may  divide  township  into  school  districts 

school  districts  to  be  numbered  by 

may  alter  boundaries  of  districts 26,  34,  190 

clerk  of,  to  notify  taxable  inhabitants  of  formation  of  district 

duties  of,  in  forming  fractional  districts 

notice  and  number  of  meetings 33,  325 

may  attach  certain  non-residents  to  districts 

clerk  of,  to  notify  directors  of  alteration  in  districts 

to  determine  tax  on  division  of  district 

to  apportion  property  on  division  of  district 37-38,  335 

when  may  appoint  district  officers 47,  48,  121 

when  may  sell  schoolhouse  site 

director  to  report  to 

records  of,  where  kept 

library  money  subject  to  order  of 84,  327 

on  determining  site,  to  certify  to  directors 102 

when  to  determine  schoolhouse  site » 102,  327 

appeal  from  action  of 117-19 

restricted  in  altering  boundaries  of  graded  school  districts 

may  dispose  of  library  or  merge  into  free  public  library 126 

duties  of,  concerning  libraries 126-3 

to  purchase  books  for  township  library 128,  327 

to  apply  for  library  moneys 128,  327 

to  have  care  of  township  library 

when  to  issue  bonds  for  free  public  libraries 

when  may  consolidate  school  districts 

examination  of  reports  of,  by  county  commissioner  of  schools 

township  school  district,  meeting  of,  relative  to  organization 

when  t9  divide  property  between  fractional  districts 

city  districts,  boundaries,  authority  to  change 

when  may  submit  question  of  rural  high  schools 498 

may  order  election  of  trustees  of  rural  high  schools 500 

to  establish  highway  to  every  school  building 624 

TOWNSHIP  CLERK  : 

notice  of  formation  of  new  district  to  be  given  by 27-28,  320 

to  give  notice  of  meeting  of  township  board 33 

to  notify  director  of  alteration  in  district 36 

director  to  make  annual  report  to 69 

to  receive  and  dispose  of  communications 72 

to  make  triplicate  reports  of  school  districts,  etc 72 


337 


The  references  are  to  compiler's  sections. 

TOWNSHIP  CLERK.— Con. 

to  perform  services  require.!  by  superintendent  of  public  instruction 

duty  of,  in  distribution  of  primary  money 72 

duties  of 72,  323 

records,  reports,  books,  etc.,  to  be  kept  ..n  tile  by 72,   331 

map  of  township  to  be  tiled  by,  with  supervisor 73 

to  report  taxes  to  supervisor 74,  325 

to  apportion  moneys  to  district 75-76 

to  give  notice  to  director  of  moneys  apportioned 

to  apportion  one-mill  tax 

duty  of,  in  appeals  from  township  board 117 

to  represent  township  in  legal  action  relative  to  libraries 126 

report  of.  to  superintendent  of  public  instruction   relative  to  libraries 133-34 

liability  for  neglect  in  transmitting  reports 141 

liability  for  not  reporting  taxes  to  supervisor 144 

list  of  teachers  to  be  furnished  to 284,  331 

township  school  district,  duty  relative  to  organization  of 294,  297,  300 

boundaries  of  city  districts,  map  showing  change  in,  tiled  with 336 

to  draw  books  for  township  officers 336 

to  be  clerk  of  board  of  trustees  of  rural  high  schools 500 

tax  for  payment  of  tuition  and  transportation  of  pupils  to  be  reported  to 509 

TOWNSHIP  DISTRICT  : 

organisation    of    320-35 

officers  of,  board 317 

time  and  place  of  meeting  of,  board 323-25 

board,  duties  of 327 

amount  of  tax  voted  for 328 

report  of,  board 331 

disposition  of  property 332 

compensation  of,   ooard 334 

division   of    335 

TOWNSHIP  SCHOOL  DISTRICT  : 

board  of  education  to  have  charge  of  library  in 126 

when  township  board  may  divide,  etc.,  boundaries  of 190 

relative  to  organization  of 294 

trustees  in,  election  of 294 

referendum  on  disbandment  of 295 

board  of  trustees  for,  term  of  office  of,  etc 297 

when,  altered  by  annexation  to  another  township 318 

when  electors  aggrieved  by  formation  of 319 

TOWNSHIPS: 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  playgrounds 627-30 

TOWNSHIP  TREASURER  : 

warrants   on,    by   whom    signed 65-66 

to  apply  to  county  treasurer  for  moneys 85 

\  e  notice  of  moneys  to  township  clerk 85-86 

when  to  take  duplicate  receipts 86 

to   draw   warrant  for  collection    of  taxes S'.»-'.HI 

duties  relative  to  taxes  in  fractional  districts 90,  94 

to  pay  school  taxes  next  to  township  expenses 

to  hold  moneys  subject  to  proper  orders  and  warrants 92,  327 

library  moneys  to  be  paid  by,  to  inspectors 128,  323,  327 

to  recover  penalties,  etc.,  from  certain  officers 141,  143 

in  township  school  districts,  duty  of 299 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools 500 

TOWNSHIP   I'MT  DISTRICTS: 

organization  of   294 

in  U.  P.,  appointment  of  truant  officers  in 393 

TRADK.   K'lV  .   SCHOOLS  : 

school  district  may  establish,  etc. . 524,  534 

TKAIMNi;    O 

(See  county  normal  training  classes.) 

TRAINING    SCHOOL: 

in  connection  with  state  normal  school 451 

TRANSPORTATION: 

providing  for,  of  eighth  grade  pupils 45,  508 

of  pupils  to  and  from  rural  agricultural  schools 553 

TKKASlKKi;  : 

of  board  of  education,  district  of  third  class,  duties 361 

TREASURER  OF  in  STRICT: 

acceptance  of  office °u»  xr } 

to  be  member  of  district  board &* 

wben  and  bow,  may  be  removed 

and  moderator  to  audit  director's  accounts oo 

to  make  certain  report  to  district  board Tl 

to  pay  orders  legally  drawn,  from  proper  fund <| 

bond   required   of £| 

deposit  of  moneys  by J| 

to  appear  for  district  in  suits '* 

money  paid  t«>,  from  old  district '  •' 

summons  to  be  served  on,  in  suits  against   district »o 

t rtify  judgment   against  district  to  supervisor 

penalty    fur   neglecting  diit  i--s 

may  collect   damages  fn.m  certain   i. Hirers 

of  hoard  of  education  in  township  school  district-,  duties,  etc 306,   314 

(See  district  board,  and  moneys.) 


338  INDEX. 


The  references  are  to  compiler's  sections. 

TRESPASS  ON  THE  CASE  : 

against  school  district,  justices  of  the  peace  to  have  jurisdiction  in  cases  of 

TRUANT  OFFICERS  : 

how  appointed   

compensation  of 

to  enforce  compulsory  education  laws 

duty  of,  to  examine  into  cases  of  truancy 394-95 

to  warn  truants  and  their  parents  or  guardians 

to  make  complaint  in  truancy  cases 

to  enforce  act  relative  to  education  of  blind  children 

to  investigate  where  children  unable  to  attend  school 513-16 

monthly  report  made  by,  relative  to  children  of  indigent  parents 515 

TRUANT  SCHOOL: 

.  school  district  in  cities  of  250,000  may  maintain,  etc 376 

TRUANTS  : 

ungraded  schools  to  be  provided  for 

to  be  tried  by  justice  or  recorder 395,  413 

who  deemed    402,  412 

when  sent  to  reformatory  institutions 413 

TRUSTEES  : 

(See  board  of  trustees.) 
TUITION  : 

payment  of,  when  pupils  attend  school  in  another  district 

of  non-resident  pupils 64,  122 

in  school  districts  in  cities  of  250,000 

may  be  charged  for  studies  in  high  schools 

in  township  school  districts,  of  non-resident  pupils 

payment  of,  of  eighth  grade  pupils 508-11 

in  another  district 512 


jjj 

UNI 


u. 

UNGRADED  SCHOOLS: 

may  be  established  in  graded  school  districts 

Juvenile  disorderly  persons  to  be  sent  to. . 
ION  SCHOOL  DISTRICT: 

(See  graded  school  district.) 
UNITED   STATES: 

act  giving  assent  to  grant  of  moneys  from,  for  co-operative  agricultural  extension 

work    566-67 

UNITED  STATES  FLAG  : 

purchase  of  

UNIT  SCHOOL  DISTRICT  : 

when  township  organized  into 

UNIVERSITY  : 

constitutional  provisions  relative  to 5-7,  12 

superintendent  of  public  instruction  to  supervise  instruction  in 

regents  of,  may  grant  certain  certificates 

president  of.  member  of  board  of  control  for  vocational  education 570 

UPPER  PENINSULA  : 

appointment  of  truant  officers  in 

V. 

VACANCY : 

-how  filled  in  district  offices 47-48 

in  board  of  trustees  of  graded  school  district 

how  filled  in  board  of  school  examiners 

in  office  of  county  commissioner  of  schools 

township  school  districts,  in  office  of  trustee 

in  board  of  trustees  of  township  school  district 

in  board  of  library  commissioners 

(See  appointment.) 
VACATION  PERMITS  : 

issue  of,  for  employment  of  children 

VARIETY  THEATERS  : 

children  not  permitted  in,  etc 

VEHICLES : 

for  transportation  of  pupils  to  and  from  rural  agricultural  schools 553 

VENIRE  : 

in  proceedings  to  obtain  site .' .  .  .     104,  106 

VENTILATION  : 

of  schoolhouse,  plans,  etc.,  of  heating  system  to  provide  for 601 

VILLAGE   COUNCIL: 

when  may  issue  bonds  for  free  public  libraries 149 

VILLAGES: 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  playgrounds 627-30 

of  contract  by  text-book  manufacturers,  reporting  of 239 

VISITATION  : 

and  examination  of  schools .  284,  286 

VOCATIONAL  EDUCATION  : 

assenting  to  grant  of  money  by  U.  S.  for 568-77 

state  board  of  control  for,  who  to  compose 570 

to  co-operate  with  federal  board 570 

of  minors  not  attending  day  school 578-80 


VOTE 


INDEX.  339 


The  references  are  to  compiler's  sections. 

VOTERS : 

who  are  qualified 42,  297 

challenge  of 43 

powers  of   45,  90 

registration  of,  in  school  districts 325,  327 

qualifications  of,  in  cities  of  fourth  class 594 

(See  district  meetings.) 

VOTES : 

cast  by  women  at  school  elections  in  certain  cities,  to  be  returned  separately 42 

VOTING  PRECINCTS  : 

division  of  school  district  of  third  class  into 

VOUCHERS : 

for  expenditures  for  treasurer 71 

for  payments  at  teachers'  institutes 389 

W. 

WAGES : 

of  school  teachers  not  affected  because  of  holidays 265 

WARDS : 

school  census  to  be  taken  by,  in  certain  cities 67 

WARRANTS : 

on  state  treasurer  for  primary  school  interest  fund 22 

on  township  treasurer 65-66,  84,  323 

to  township  treasurer  for  collection  of  taxes 81-82 

for  moneys  used  in  township  school  districts,  who  to  draw,  etc 305 

WASHINGTON'S  BIRTHDAY  : 

observance  of,  by  public  schools 265 

WATER  SUPPLY : 

district  to  vote  amount  of  money  for 54 

district    hoard    to    furnish 59 

WKSTERX  STATE  NORMAL  SCHOOL: 

act  to   establish 462 

certain  department  to  be  maintained  at 482 

WITNESSES: 

in  proceedings  to  obtain  site 107 

summoning  of,  in  cases  where  teacher  is  accused 283 

WOMEN : 

who  qualified  to  vote  at  school  elections  in  certain  cities 42 

registered  in  separate  register 42 

qualified  as  voters  at  district  meeting 42,  297 

eligible  to  election  as  district  officers 49,  297 

WORK  PERMITS  : 

who  to  issue,  to  children 417 

Y. 

YEAR,  SCHOOL: 

when  to  commence,  length  of 11,  39,  42 


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